Well if the complainant is acting or has acted badly that should be taken by the ArbComm as a mitigating factor in favour of the respondant when considering the complainant's complaint but no more than that. While I could see an ArbComm suggesting to a respondent (or other participants) that he/she/they file their own arbitration request against the complainant for the ArbComm to take that step unilaterally is improper. I think the ArbComm has rather unilaterally expanded its powers without seeking any sort of consent from the wikicommunity. Is there a space where we can debate and vote upon a resolution re the ArbComm's rules and authority?
Andy
on 3/3/05 10:47 PM, Fred Bauder at fredbaud@ctelco.net wrote:
I think that is generally true, however I think we are right to look at the general pattern of the user's behavior. For example if one person is complaining about personal attacks we ought to take into consideration whether the user is making a lot of personal attacks against a lot of users. Another area that I think can be taken into consideration is actions that are taken during arbitration either towards the arbitrators or that affect the arbitration, deleting evidence or moving it all around.
Fred
From: AndyL andyl2004@sympatico.ca Reply-To: English Wikipedia wikien-l@Wikipedia.org Date: Thu, 03 Mar 2005 22:16:38 -0500 To: English Wikipedia wikien-l@Wikipedia.org Subject: Re: [WikiEN-l] ArbCom - too attached to 'equal treatment'?
My feeling is that it is not the place of the Arbcomm to effectively file a countersuit. If the respondent to a complaint, or anyone else, has a grievance against the complainant than let them file their own Request for Arbitration. The "terms of reference" if you like should be set in the RFA, if the arbitrators don't like them then they shouldn't sign on to the arbitration and if not enough arbitrators agree with the terms the arbitration will not get off the ground. It is quite inappropriate, I think, for the arbitrators to unilaterally expand the terms of reference to include issues not brought up in the initial request.
on 3/3/05 9:45 PM, Fred Bauder at fredbaud@ctelco.net wrote:
The reason I didn't recuse myself is because I am not prejudiced for or against you. I may have errored by examining issues that were outside the scope of the arbitration.
Fred
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