Wikipedia:Requests for mediation/Guide to accepted cases
The formal mediation process on Wikipedia can often be confusing for users. Besides the frustration of being involved in a dispute at all, users are often confused about the various forms of dispute resolution and in particular formal resolution. Users often turn to mediation with unrealistic expectations, or as a primer for an anticipated arbitration case.
Filing a request on Requests for mediation is only the beginning of what is often a long process towards resolution of a dispute. Users are frequently confused about filing requests, and about the process for accepting and assigning requests. In the past, mediators were assigned cases by the Committee Chair; this practice has been discontinued in favor of having active mediators review and choose those cases they feel qualified to mediate.
The mediation process has been overhauled to streamline case processing and avoid common problems of the past. Prior to the current system, requests took the form of individual statements, often without including the basic information necessary to begin a mediation. Requests frequently grew incredibly long and became completely unmanageable before they could be accepted.
To prevent this, and minimize needless drain on the Committee's resources, requests are now screened before being passed on to the Committee members. This often causes confusion for parties, as they are unaware of the differences between acceptance and actual mediation. This guide is intended to give an overview of what takes place in accepting a case, and what parties can expect after acceptance.
Acceptance
editCases filed on Requests for mediation are screened by the Committee Chair for the basic elements required for a case to proceed. The Chair ensures that all parties have been notified, that the basic issues to be mediated have been set out, and that all parties are in agreement to mediate. Provided that a reasonable set of issues have been put forth and once all parties have indicated their agreement to mediate, the committee Chair marks the case as accepted and moves it to the Committee's open tasks list.
Acceptance is not a guarantee that a mediator will agree to mediate the case. Acceptance is only a preliminary screening; individual mediators are free to mediate cases at their discretion, and are not required to take on any case. Cases are not assigned to mediators; parties are welcome to review the active mediators and invite a mediator to consider mediating their request, but mediators are under no obligation to take any case.
Also, acceptance by the Chair isn't an indication that the Chair will be mediating the case. The Chair simply screens the request to ensure all the required details are given and criteria are met. Parties should not confuse the Chair's acceptance (who is listed as such on the list of mediators and on the Committee page) with a mediator's agreement to mediate the case.
Post-acceptance
editRequests are listed on the open tasks list under "unassigned" cases. A mediator who reviews a case and decides to take on the mediation moves the case listing to "assigned" cases and contacts the parties. This may take from several days to several weeks. If a mediator does not take on a case within two to four weeks (depending on the backlog), it is generally closed as stale, with the option for the parties to reopen it if the conflict has not been solved through other processes. Parties often find this frustrating, but the nature of mediation as a voluntary process prevents anyone involved from being forced to participate, including the mediator.
Parties are highly encouraged to seek out a mediator from the active Committee members to speed up resolution. Parties that are hands-on and demonstrate a strong desire to find a resolution often have successful mediation, while those unwilling to take an active hand in mediation find that their cases become stale.
Parties are expected to watchlist the case page and monitor it for status updates. When a mediator takes on a case, they make a note there, and generally ask the parties to submit initial information there. Parties are welcome to ask for status updates, and use the page for coordination. In particular, parties are encouraged to use the page to review potential mediators and decide on a Committee member to approach about mediating the case.
Assignment
editOnce a mediator has taken on a case, the parties and the mediator work together to set the goals and processes of the mediation. Each mediator has their mediating style, which is encouraged, but a few basic guidelines hold for all mediation:
- The mediator does not take sides or represent either party.
- The mediator makes suggestions to the parties, but does not rule on issues or give binding decisions.
- The parties and/or the mediator are free to withdraw at any time.
- The contents of mediation are confidential, and cannot be used for other purposes, including arbitration. However, bad faith conduct is not excused or protected by the mediation privilege, and deliberate bad-faith activities will not be protected.
Conclusion
editThe goal of every mediation is to work towards a solution that is acceptable to all parties. The mediator will make every effort to see that all parties are heard and that a reasonable solution is adopted. Parties are not obligated to accept any proposed solution, and are encouraged to make counter-proposals.
If the parties are able to come to a solution, then the case will be closed successfully after the solution has been set out and the parties have indicated their agreement. The solution is as binding as the parties wish it to be; any party can withdraw from the agreement at any time, but doing so may require the dispute to be resolved by other means, including Arbitration.
If the parties are unable to come to a solution in a reasonable time, the mediator notifies them that the mediation has failed, and encourages them to consider other dispute resolution options.
In extreme cases, the Committee may refer a matter to Arbitration; however, the Arbitration Committee is under no obligation to hear a matter referred by the Mediation Committee. In most cases, the parties are encouraged to seek other forms of resolution, and the matter is listed as closed unsuccessfully.
Where a mediator has taken on a case, but the parties have not participated or the request is otherwise inactive, it may be closed as stale after a period of time. In most cases, the Committee Chair will ask the mediator and/or the parties for a status update, and if none is forthcoming, will close the request without prejudice to reactivation.
If a mediator takes on a case but does not proceed with it, the parties may contact the Committee Chair and request a status update. Parties are encouraged to avoid requesting a new mediator, but are encouraged to ask for a status update where the mediator has not been active. If the Chair feels the mediation has been abandoned, it will be relisted as unassigned, and the parties may seek a new mediator for the matter. The assigned mediator will always be contacted before a case is reassigned.