[sudo-discuss] conflict resolution proposal

[Anthony Di Franco]

Reminder about this:
It is scheduled for review in this week's meeting, a couple minor
revisions, and a prompt online vote. Please have another look at the draft
(text quoted below) before the meeting if you are interested in this
proposal.
On Feb 22, 2013 11:17 PM, "Anthony Di Franco" <di.franco at gmail.com> wrote:

> Sudyo,
>  I have edited in a more advanced draft of my proposal for a rigorous
> conflict resolution process and for the role of a Constable to facilitate
> the keeping of open and transparent records about conflicts and where their
> resolution stands.
>  I emailed a bit about this a few weeks ago in response to the long and
> unsatisfactory non-process the group had just spent a lot of time in, and I
> presented a much briefer version of this proposal at last week's meeting. I
> intend to have it up for a vote at the next eligible meeting.
>  I have tried to incorporate the feedback I received during the meeting
> and to think through a process that would capture the original intent of
> the sketchy previous language but flesh it out with comprehensive detail
> and precision, and I had firmly in mind the memories of the shortcomings of
> the old process in practice.  While I was there mucking around in the
> articles I fixed a few other odd things that were lying around. (It also
> still seems to me that the numbering is off.)
> The whole draft, with my and other changes, is, as usual, here:
> http://sudoroom.org/wiki/Articles_of_Association/Draft
>
>  *Highlights:*
> *Emphasize horizontality in the Functionaries in general and in the
> Constable in particular: section 2.2:* "Any member of sudoroom may
> perform any of the functions of any of the Functionaries, but the
> Functionaries are expected to perform their duties regularly and must
> perform them if no one else can or will." *and section 3.4.1 below.*
>
>    - *Define role of Constable (section 2.2)*
>    -
>       - Point person for facilitating the conflict resolution process
>       according to the Articles, but not necessarily a moderator.
>       - Stewards selection of a moderator and schedules meetings among
>       conflicting parties and moderator.
>       - Documents all meetings and communications relevant to the
>       conflict resolution process.
>       - Promotes good-faith participation in the process by conflicting
>       parties on a basis of mutual respect and growth towards better
>       relationships and a stronger community.
>       - If conflict resolution goes before the whole group,
>       co-facilitates with Facilitator, and handles points of information about
>       conflict resolution with reference to the documentation.
>       - Does not act as Constable in conflicts involving self.
>
> *Precise and comprehensive conflict resolution procedure:*
>
> Section 3.4 Enforcement [edit<http://sudoroom.org/mediawiki/index.php?title=Articles_of_Association/Draft&action=edit&section=14>
> ]Sub-Section 3.4.0 Process
>
> The resolution of disputes and disagreements within *sudo room* is
> encouraged through informal process and the spirit of a collaborative
> environment. There is a process, however, by which issues that are not
> resolved informally and that arise within the scope of these articles of
> association:
>
>    1. The party who seeks resolution finds someone to act as Constable in
>    the matter, and works with this Constable to find a Mediator.
>       1. The Mediator is an impartial and uninvolved third party who
>       consents to assist, and with whom all conflicting parties consent to work
>       with towards a solution.
>       2. The Constable organizes meetings for conflict resolution and
>       maintains records of all meetings and relevant communications among the
>       conflicting parties.
>       3. The Constable, Mediator, and the conflicting parties arrange to
>       meet to work out a resolution to the conflict that all conflicting parties
>       consent to.
>    2. If at least one conflicting party does not consent to meet, or if
>    at least one conflicting party is unavailable to meet in a reasonable time,
>    all relevant circumstances considered, or if the Constable and Mediator
>    agree after at least one meeting that further meetings would not be likely
>    to lead to resolution, the issue is brought before the group in the
>    following way:
>       1. The issue is added to the agenda of the next official meeting
>       scheduled at least one week in the future, and all relevant documentation
>       is gathered together by the Constable and made available to the group at
>       least one week beforehand, preferably on the wiki, and notice is broadcast
>       to the group, preferably on the mailing list, but information that would
>       compromise anyone's privacy or dignity is not made public. In the
>       description of the issue, the form of redress sought in by the plaintiff(s)
>       is included. Both the Constable and Mediator must give their approval of
>       the factual content of the documentation before it is posted. Both the
>       Constable and Mediator must expressly affirm that the form of redress
>       sought by the plaintiff(s) is consistent with *sudo room's* values.
>       2. During each meeting's agenda item on Conflict Resolution, all
>       unresolved issues on the wiki are brought up for discussion followed by a
>       vote.
>          1. First, the Constable presents all relevant documentation
>          about the issue.
>          2. Then, a category of severity is established by *consensus* according
>          to *sudo room'*s values and the facts of the case. The category
>          determines the voting threshold for sustaining a sanction against any party
>          to the conflict. The categories are (in order of decreasing severity):
>             1. Any matter calling for membership suspension or
>             termination.
>                - *Decision Procedure:* 2/3 vote
>             2. Other serious conflict.
>                - *Decision Procedure:* 2/3 vote
>             3. Conflict where only fiscal issues are involved and only
>             fiscal redress is sought.
>                - *Decision Procedure:* 1/2 vote
>             4. All other conflicts.
>                - *Decision Procedure:* Consensus
>             5. Positive feedback.
>                - *Decision Procedure:* Auto-approval
>             3. Then, the opportunity to represent perspective is granted
>          to each conflicting party and to the Mediator, and general discussion may
>          be held about the issue if any member wishes. The Constable co-facilitates
>          with the Facilitator in order to answer questions specific to the conflict
>          and provides information about the history of the conflict by referring to
>          the documentation.
>          4. Then, a brief period of deliberation of definite time is
>          held, during which members are free to consider the issue or discuss it
>          directly with others.
>          5. Then, members may propose alternative remedies to the
>          conflict, which are added to a list of potential remedies if neither the
>          Constable nor the Mediator objects. They may be overruled in their
>          objections if a second member supports the proposal.
>          6. Finally, a vote is held on the plaintiff(s)' proposed remedy,
>          and then alternative remedies are voted upon in the order they were
>          proposed, but only if at least one member indicates that the one under
>          consideration is still relevant. After all remedies have been considered in
>          this way, the matter is considered resolved.
>          7. Any conflicting party unsatisfied with the decision may place
>          an appeal on the agenda in the same way that conflicts are placed on the
>          agenda, except that a majority of the group must vote to accept the appeal
>          during a meeting, and the process begins anew. The appeal must propose an
>          alternative remedy and refer to values that were not served by the original
>          decision.
>          8. If at the end of any step in the process more than an hour
>          has passed during the current meeting in considering the conflict, any
>          member may request that a majority vote be held on whether to table the
>          conflict until the next meeting.
>
> [edit<http://sudoroom.org/mediawiki/index.php?title=Articles_of_Association/Draft&action=edit&section=15>
> ]Sub-Section 3.4.1 Principles and Values Specific to Conflicts
>
>    1. The accused are presumed innocent unless and until proven otherwise
>    beyond reasonable doubt.
>    2. Respect for the privacy and dignity of all members is consistently
>    maintained.
>    3. Proportional and effective remedies should be sought.
>    4. Restorative <https://en.wikipedia.org/wiki/Restorative_justice> remedies
>    are strongly preferred over retributive<https://en.wikipedia.org/wiki/Retributive_justice>
>     remedies.
>
> *More precise language about functionaries:*
>
>    - Facilitator
>       - Maintains the agenda for meetings, ensures topics are dealt with,
>       and recognizes speakers in a fair and inclusive way.
>       - Ensures that all group business is handled and all group
>       decisions are made in the way described in these Articles of Association,
>       by bearing them in mind and referring to them whenever needed.
>       - Uses own best judgment to resolve ambiguity in the Articles of
>       Association about how business is handled in meetings, but may be
>       challenged in this by anyone who does not consent, which results in a
>       majority vote on sustaining or overturning the Facilitator's judgment.
>
>
>    - Scribe
>       - Takes notes during meetings and collaborates with others to
>       include their notes in final meeting minutes.
>       - Posts notes publicly after each meeting.
>
>
>    - Exchequer
>       - Presents the budget during meetings, as articulated in the budget
>       process below.
>       - Receives dues and donations and pays expenses on behalf of the
>       group, using the group's accounts.
>       - Maintains accurate budget documentation and makes it available to
>       the group.
>
>
>    - Constable
>       - Point person for facilitating the conflict resolution process
>       according to the Articles, but not necessarily a moderator.
>       - Stewards selection of a moderator and schedules meetings among
>       conflicting parties and moderator.
>       - Documents all meetings and communications relevant to the
>       conflict resolution process.
>       - Promotes good-faith participation in the process by conflicting
>       parties on a basis of mutual respect and growth towards better
>       relationships and a stronger community.
>       - If conflict resolution goes before the whole group,
>       co-facilitates with Facilitator, and handles points of information about
>       conflict resolution with reference to the documentation.
>       - Does not act as Constable in conflicts involving self.
>
>
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