[WikiEN-l] Re: Compulsory Mediation, Was Arbitration Commitee Seeking Comment

Tue Jun 7 11:50:22 UTC 2005

Fred Bauder a écrit:
> Suppose we did require cooperation with mediation and consider how  the 
> user conducted themselves and sanction those who don't cooperate.  What 
> do we gain, what do we lose?
> 
> Fred

I would be happy to have a legal person give his opinion here.

In real life, mediation is essentially a choice, not a 
requirement/obligation.
I am a little dubious of the deep underlying significance of being 
punished for refusing mediation when in conflict. I also fear "refusing 
cooperation" in mediation would have to be a decision of the mediator... 
which implies a loss of neutrality... as well as requires a mandatory 
report of the mediator to the arbcom... possibly fueling a bad 
relationship between the mediator and the people in conflict.
Since the relationship should be first based in confidence, I am perplex 
of the implications it might result to.

If this is done, I hope mediators will not be *required* necessarily to 
report on the mediation outcome and details of cooperation or non 
cooperation, but that it will be at least a choice.

Ant