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Lesson 13 - Arbitration - Documentation

The Arbitration file

The DRP states that

The Arbitrator records:
   1. The Identification of the Parties,
   2. The Facts, 
   3. The logic of the rules and law, 
   4. The directions and actions to be taken by each party,
   5. The date and place that the ruling is rendered.

This record is published in the !Wiki under Arbitrations/<Arbitration Case Number>. Due to the fact that these pages are and should be publicly accessible, some care has to be taken to somewhat anonymize the parties and some other personal identifying information (mail adresses, birthdates, ...) to satisfy data protection requirements.

Each Arbitration file has the following parts:

• Header
• Case History
• Details (optional)
• Ruling
• Execution (optional)
• Similar Cases listing (optional)
• Post Arbitration Notes (optional)

The Header

The Header consists of:

• the case number
• the current state of a case: init (Arbitrator or CM still missing) / running / execution (complete ruling is given) / closed
• the names the dispute filing parties: Claimant(s), Respondent(s), Case Manager, Arbitrator
• A short summary of the dispute filing (i.e. Please change my name)

• Date when Case was started (date when CCA / DRP acceptance has been received) x1)

• Date of Ruling
• Date when case is closed

Note that in Support requests CAcert will be used as Respondent.

If Arbitrator and/or Case Manager change during the case the former "office holders" should also be listed in the header, while the handover dates should be recorded in the History section.

Arbitrators and Case Managers are always listed by their complete names in the header.

History Log

• The history log records the activities that have been done in a case
• it has to be recorded as: when, who, what
• The purpose is to get a quick overview over a case.
• Execution steps should be recorded under the Execution section

Details ... (optional)

The details of a case are

• Discovery: These are facts which the Arbitrator considers relevant for the case.

• Discussions resembles the Discovery subsection, but contains statements by experts or other persons (including Claimants and Respondents). Such statements may also be listed in the Discovery subsection, but there they should be explicitly marked as statements (in contrast to "hard facts").

• Deliberations: This subsection should contain more extensive lines of argumentation. Other lines of argumentation, which the Arbitrator has considered, but decided to be invalid or inferior, may also be recorded here.

The Ruling

The ruling should present

• The logic of the rules and law. This can also be put into the Deliberations section if extensive explanations are given. If Deliberation contains multiple lines of argumentation the ruling section should name the one which has been followed.
• The directions and actions to be taken by each party. The Ruling itself.

Execution

This section continues the History log for post ruling actions.

Similar Cases

The similar cases listing contains references to other cases, open or closed, which may (or may not) be relevant or otherwise connected to this case. It is the result of research done by Arbitrator and Case Manager.

Also external links or background reading may be put into this section.

This section is thought as more or less a scratch pad for Arbitrator and Case Manager, but may also help the parties by pointing out sources of information.

Post Arbitration Notes

• Post Arbitration Notes are Notes that will be added after a case has been closed.
• This maybe a request from another Arbitrator
• This maybe additional notes in a precedent case from Support, that Support has handled a Support case following a precedent case

Questions

• Which essential parts in Arbitration file have to be published ?
• Where have a request from an Arbitrator to Support at least to be recorded ?
• Why should Support add a Post Arbitration Note about a precedent case ?

next

Review

• 2010-09-09 BernhardFröhlich: Review (and rewrite) started, but probably not complete.

• 2010-09-11 UlrichSchroeter: x1)

  • Date when Case was started (date when CCA / DRP acceptance has been received)
    • vs.
  • Date when Case was started (usually when the initial mail was sent)
  • DRP requirement is, that the Arbitrator has to check CCA acceptance before a case starts
  • otherwise the case needs to be handled in another direction
  • so the initial start isn't if initmail was sent, its if CCA acceptance has been received by C + R and case enters the running state. So depends on the DRP 2.2 Preliminaries
  • if no CCA acceptance is received, the case moves to "Close my Account" (subject changed) or "CCA violence" (dismiss) and reopen as new case
  • one (subject changed) case we had back in 2009, (dismiss) never happened yet

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