Arbitration / Training
The Training Course for Case Managers and Arbitrators
Lesson 8 - Init Mailing
- The dispute was filed, added to the Wiki page, notification was sent in cacert-arbitration list with a request for a CM and A
- CM has picked up the case and starts with some formalities
Every arbitration case starts with the formal initial mailing with the request to accept CCA and DRP under this arbitration to the Claimant and Respondent. If the respondent is CAcert, initial mailing is not needed for this recipient.
Following template can be used by the Case Manager in writing the initial mail. If no Case Manager has been appointed at this time, an Arbitrator can also write this initial mail.
For initial notification requests on "Delete my Account" request cases please read Lesson 20 - Arbitration Case - Delete Account Request
TO: email claimants TO: email respondents (optional) CC: email arbitrator CC: email casemanager CC: arbitration-archives@c.o Subject: Arbitration case <new casenumber> init mailing
Dear <claimant / respondent>, I'll take this case as Case Manager <name casemanager> (<email casemanager>). The Arbitrator is <name arbitrator> (<email arbitrator>), the case number is <a case number>. The status of the case is recorded at [1]. If you notice any missing or wrong information, feel free to provide us your point of view. Like every case this also is opened by some formalities: 1. Please reply to this email and confirm that you accept the Arbitration under the CAcert Community Agreement [2] and the Dispute Resolution Policy [3]. 2. The governing law will be that of NSW, Australia. It is possible to request a change of law, but it is unlikely to be helpful in this case. 3. You need to notify me if you are seeking legal counsel (a lawyer). This is not recommended. Rather, if you feel the need for help, I can ask an experienced Assurer to assist you. 4. If you feel the case is moving slowly please ask the Dispute Resolution Officer for advice via an email to dro@cacert.org.
Alternative text for number 1 if the party is a CAcert member (see also next lesson: Presumptions CCA/DRP Acceptance):
1. Since you have created a CAcert account it is assumed that you have accepted the CAcert Comunity Agreement [2] and the Dispute Resolution Policy [3]. If you have any reason to believe that you are not bound by them please say so in the answer to this initiating mail.
For discussion
2010-03-21 proposal / discussion to add following point about publishing data and privacy (u60)
2010-09-01 IMHO this makes the initial mail even more cumbersome and formalistic than it already is. Nevertheless it might be a good idea occasionly... BernhardFröhlich
- #. The Arbitration is part of a Public record. That means that any person natural
- or otherwise should be able to gain access to the records. All parts of the arbitration form part of the public record. This includes personally identifiable information of the claimant. However privacy considerations now need to be taken into account with more particular attention. It is therefore important to strike a balance between public easy access and the privacy concerns of the involved parties. So therefore you have to
- agree / disagree
- All proceedings of this arbitration will be published in the CAcert
- Wiki. However all personally identifiable information of the claimant will be anonymized.
- The personally identifiable information of the claimant will be
- retained by this arbitrator.
- The personally identifiable information of the claimant is available
- to members of CAcert or another interested party by consulting with a future arbitrator.
- or otherwise should be able to gain access to the records. All parts of the arbitration form part of the public record. This includes personally identifiable information of the claimant. However privacy considerations now need to be taken into account with more particular attention. It is therefore important to strike a balance between public easy access and the privacy concerns of the involved parties. So therefore you have to
- #. The Arbitration is part of a Public record. That means that any person natural
2010-09-11 (u60) if someone has an idea how to shrink the text into a 2-liner .... feel free
- If dispute filing text outlines the full text i.e. ... therefore delete my account, point 5 can be skipped
5. The next thing I would like both sides to do is to prepare a short email that outlines their viewpoint. No longer than a page, please!
- Single Claimant against CAcert
5. The next thing I would like ask to do is to prepare a short email that outlines your viewpoint. No longer than a page, please!
- Dispute: ABC over a person
5. The next thing I would like to ask to the respondent is to prepare a CV (including contact informations) and a reference list (similar to a job application). I've also suggest, to read Security Policy [4] before the ABC interview starts
- The "calm down" paragraph can be skipped if you feel that it is inappropriate for the case ("... delete my account"):
Finally, please remember: this forum is about sorting out our common difficulties and improving our ability to secure ourselves. Unlike other forums, we will all be required to work together after this Arbitration, so I ask you to maintain a positive and helpful spirit at all times!
- also add
- Language English only
The proceedings of the Arbitration have to be in English. If you have troubles expressing yourself in English we can try to find a translator for you.
- or Language English and one native Language possible
The proceedings of the Arbitration have to be in English, but since I'm a native German speaker I could act as a translator if this service is needed.
- Language English only
- Footer
-- CM's or A's signature [1] http://wiki.cacert.org/Arbitrations/<case number> [2] http://www.cacert.org/policy/CAcertCommunityAgreement.html CAcert Community Agreement [3] http://www.cacert.org/policy/DisputeResolutionPolicy.html Dispute Resolution Policy optional: [4] https://svn.cacert.org/CAcert/Policies/SecurityPolicy.html Security Policy
Questions
- Based on which policy this needs to be requested from claimant and respondent?
Review
BernhardFröhlich: Minor additions and changes.