[sudo-discuss] conflict resolution proposal

[Anthony Di Franco]

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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