Hi Jeff,
I agree with the general sentiment that if it’s not broken, we should not be out looking for ways to fix it. However, in the case of building in a mediation mechanism, rather than a change to the elements of a complaint, I think we may want to make an exception here if it “gives peace a chance” in the long term.
One of the complaints the IPC heard from the Registry House in Helsinki was that there is a tendency to run to ICANN Staff & Board with complaints instead of dealing with the registry in the first instance to see if it can be resolved. The additional of a mediation option seems, to me, to bake in an opportunity and method for that dialogue in advance of a more formal complaint (via PDDRP or to Staff/Board). In other words, all the mediation program would do is make a way forward for what we all aspire to anyway – talking our problems out with each other.
Best,
Paul
From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Jeff Neuman
Sent: Sunday, August 21, 2016 8:20 PM
To: David Tait <david.tait@icann.org>
Cc: gnso-rpm-wg@icann.org
Subject: [gnso-rpm-wg] Objection to PDDRP Mediation (was Re: Call for volunteers - RPMs Working Group, Mediation sub-team)
Just to be clear, this is about mediation as it relates to the Post Delegation Dispute Resolution Policy, not mediation of disputes in general.
I still have a standing objection about the formation of this group and looking at mediating issues between a registry operator and a complainant as there has been no evidence for the need of such a program since there has been no evidence yet of any situation that could have given rise to a PDDRP dispute.
I will continue to be a broken record on this l, but absent evidence demonstrating a need for any changes, we should not be spending any time on making those changes.
Jeff Neuman
On Aug 19, 2016, at 12:19 PM, David Tait <david.tait@icann.org> wrote:
Dear Working Group members
At its meeting on 17 August 2016 the Working Group concluded that there was a need to convene a sub-team to review the issue of Optional mediation and put forward an outline proposal for consideration by WG. Staff would therefore invite those who would be interested in participating in this sub-team to respond to this email and we will begin the process of establishing the sub-team.
We would kindly request that you send us any responses by 0900 UTC 24 August 2016
Please note that Petter Rindforth has already kindly volunteered for this sub-team.
Kind regards,
David Tait
David A. Tait
Policy Specialist (Solicitor qualified in Scotland)
Internet Corporation for Assigned Names and Numbers (ICANN)
Mobile: + 44-7864-793776
Email: david.tait@icann.org
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