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Arbitration (RE: [wg-b] food for thought)
At 09:17 23.09.99 -0700, Roeland M.J. Meyer wrote:
>that you've strengthend the resolve of many, that arbitration,
>especially mandatory arbitration, is a "bad thing".
note: I had to have lessons during the WIPO process in the meaning of the
According to what I understood, an arbitration process is binding on the
participants - they can't go to court if they feel unfairly treated
(slightly variant across jurisdictions, but that's the gist of it).
A mediation process is "just someone helping you talk to each other", while
the proposed dispute resolution process is somewhere in between - sort of
like a pretrial court with the power to grant limited interim relief, where
the parties have the option of either accepting the judgment or taking the
dispute to court afterwards.
I think you will find lots of people agreeing with you that mandatory
arbitration (as described above) is a Bad Thing, which is why mandatory
arbitration is NOT being considered for the Dispute Resolution Process.
Disclaimer: I report only on my understanding. This may or may not have a
relationship to facts.
Harald Tveit Alvestrand, Maxware, Norway