| Revision as of 00:17, 30 January 2014 editLowercase sigmabot III (talk | contribs)Bots, Template editors2,292,502 editsm Archiving 1 discussion(s) to Misplaced Pages talk:Mediation Committee/Archive/9) (bot← Previous edit | Revision as of 21:12, 12 November 2014 edit undoTransporterMan (talk | contribs)Event coordinators, Extended confirmed users, Mass message senders, Pending changes reviewers23,031 edits →Privilege: Link fixNext edit → | ||
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| = Other discussion = | = Other discussion = | ||
| : ''Discussion not relating to MediationBot should go in this section. New discussions can be added to this section by simply starting a {{edit|section=new|2=new section}}.'' <!-- ] 22:44, 6 June 2021 (UTC) --> | : ''Discussion not relating to MediationBot should go in this section. New discussions can be added to this section by simply starting a {{edit|section=new|2=new section}}.'' <!-- ] 22:44, 6 June 2021 (UTC) --> | ||
| ==Privilege== | |||
| <small>Copied from ]. '''Please continue discussion below the following box.''' — ] (]) 21:02, 12 November 2014 (UTC)</small> | |||
| {|style = "border:thin dashed red; margin:0 5% 0 5%" | |||
| |Sometime back, I posted a RfM , which was rejected as being premature (there was a loosely related RfC already in process.) ] used the fact of my requesting mediation against me in two ANIs, first as a basis to have me community topic-banned , and second, in an attempt to have me site banned . He is now using the RfM in an an Arbitration, to try and have the community topic-ban converted to an ArbCom ban . | |||
| :I thought this was pretty shaky, but just discovered that it appears to be against policy, as mediation communications are privileged. ] | |||
| :Could you clarify the policy for me? Can my filing a RfM be used against me in ANI and Arbitration proceedings? | |||
| :I believe, since an Arbitration is in process, that ArbCom has jurisdiction -- but I saw the statement "Concerns that the privileged nature of a mediation case could be violated should be brought to the attention of theCommittee chair," and thought I should contact you for clarification. ] (]) 22:57, 11 November 2014 (UTC) | |||
| ::Privilege does not attach to a mediation case until the case is accepted for mediation. Rejected cases are not subject to the privilege. For the Mediation Committee. — ] (]) 14:25, 12 November 2014 (UTC) | |||
| :::Please post the above statement re privilege ] on the case talk page as well so we have it for the record. Thank you. ] (]) 17:53, 12 November 2014 (UTC) | |||
| ::::I think the issue of privilege needs to be clarified. If a person can be accused of misconduct merely for requesting mediation, it is going to create a chilling effect on the process. | |||
| ::::I've read through the mediation policy and procedures, and haven't found any statement that explicitly or implicitly says privilege doesn't attach to cases until they're accepted. Can you point me to something? Possibly this is something that merits internal discussion by the mediation committee? ] (]) 18:40, 12 November 2014 (UTC) | |||
| :::::], since the case has been closed it would be inappropriate to modify its page or talk page further. If you prefer having a copy somewhere other than on my talk page, I'll be happy to copy it to ] once I post this message. ] the Mediation Committee policy says, "To encourage participants to speak candidly, Misplaced Pages has adopted the policy that statements made ''during mediation'' cannot be used against the participants in subsequent dispute resolution proceedings. This protection is called 'privilege' or 'the privileged nature of mediation'. All communications ''during mediation'' are privileged." (Emphasis added.) Mediation does not begin until a case is accepted. — ] (]) 21:02, 12 November 2014 (UTC) | |||
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Revision as of 21:12, 12 November 2014
| The Mediation Committee has been disbanded. Archives of old discussions can be accessed below. Archives: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 Several talk pages redirect here. |
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Privilege
Copied from User talk:TransporterMan#Use of mediation communications in subsequent DR proceedings. Please continue discussion below the following box. — TransporterMan (TALK) 21:02, 12 November 2014 (UTC)
Sometime back, I posted a RfM , which was rejected as being premature (there was a loosely related RfC already in process.) user:Robert McClenon used the fact of my requesting mediation against me in two ANIs, first as a basis to have me community topic-banned , and second, in an attempt to have me site banned . He is now using the RfM in an an Arbitration, to try and have the community topic-ban converted to an ArbCom ban .
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