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(a)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(a)sympatico.ca>
Reply-To: English Wikipedia <wikien-l(a)Wikipedia.org>
Date: Thu, 03 Mar 2005 22:16:38 -0500
To: English Wikipedia <wikien-l(a)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(a)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
_______________________________________________
WikiEN-l mailing list
WikiEN-l(a)Wikipedia.org
http://mail.wikipedia.org/mailman/listinfo/wikien-l