First steps Mediation, then Arbitration, then Style Guide, if necessary. Mediation Basic Process: Everyone should be encouraged to mediate. This process needn't be formal or require people come in and say "i am mediating ...", they should just come in and summarise the opinions. even if the conflict isn't really major. Often simply restating the arguments clearly, gives a way forward. Arbitration Basic Process: 1: Both sides agree to take the conflict to arbitration, and to abide by the arbitrators final decision, if there is one 2: Both parties summarize their position 3: An arbitrator is chosen from a list of potential candidates. Both parties must agree to the chosen arbitrator without reservation. (If nobody on the list is suitable, they may choose someone else if they can find someone acceptable to both sides) 4: arbitrator must accept, and declare they are neutral in the conflict 5: arbitrator engages both sides in (moderated) discussion, and tries to get both sides to agree on a decision. Ideally a resolution will evolve during this mediation stage. 6: If no decision is reached by all parties, the arbitrator may make a final determination. They may choose one of the opposing parties viewpoints, a middle ground, or something of their own design. 7: The arbitrator should provide an explanation to both parties why they decided as they did, however there will be no appeals and continuing to argue the issue once a decision has been made. It will be considered the once and final resolution for this particular issue, and should be considered so by not just the conflicting parties, but by third parties and those who join after the event. 8: Once a decision has been made, the position statements of both parties and the final decision, along with it's reasoning should be posted publicly as a record. Factors for abitrators: 1. No predetermined rule of entitlement. Every arbitration hearing is considered in light of all of the relevant facts and circumstances as presented by the parties and their witnesses. "Rules of thumb," prior decisions by other panels in other matters, and other predeterminants are to be disregarded. 2. Relevance and admissibility: the general rule is that anything the arbitrator believes may assist it in reaching a fair, equitable, and knowledgeable decision is admissible. 3. Communication and contact – abandonment and estrangement. basically, if a moderator/developer leaves the community (for whatever reason) and someone else picks up the works, he/she cannot come back months later and say "hey, why did this happen? who messed up my work" if a project is abandoned, or the original developed is estranged, you shouldn't interfere with progress months later 4. Consideration of the entire course of events: The standard of proof in arbitration is a preponderance of the evidence, and the initial burden of proof rests with the party requesting arbitration. This does not, however, preclude panel members from asking questions of the parties or witnesses to confirm their understanding of testimony presented or to ensure that panel members have a clear understanding of the events that led to the transaction and to the request for arbitration. Since each transaction is unique, it is impossible to develop a comprehensive list of all issues or questions that panel members may want to consider in a particular hearing. If the final resolution for a particular conflict should create a precedent, the arbiter should bring it up as a guideline issue. If the guideline issue is decided differently to the arbitrators final decision, then (and only then) the decision may be overturned. Initial list of volunteers: Yllona RUAOK Joan Freso Lauri