The problem in this discusssion is there is no meeting of the minds on
what the problem really is.
I argree fully. But the current process forces everything to fit into the GNSO's assumptions and worldview. This forces outsider to either bend their message/request to fit with that worldview (in which case the resolution is also unsatisfactory) or dispense with the process altogether (which is at the core of the current "why won't _they_ participate in _our_ process" whinging).
The current design of the PDP is inherently biased against participants that are not GNSO stakeholder groups. Until this is addressed I anticipate an increase in the number (and intensity) of disputes that can't be addressed by ICANN processes in a manner suitable to all parties. This will inevitably lead to more circumvention attempts, which threatens stability.