Arbitration / Training
The Training Course for Case Managers and Arbitrators
Lesson 40 - Arbitration - Ruling
- The Arbitration Process flow can be split in 5 - 6 steps:
- Pickup - Accept as Arbitration or Dismiss
- Search for Case Manager / Arbitrator, Init mailing
- Investigation process / Discovery
- Intermediate Rulings
- In difference to a Ruling, the Intermediate Ruling is an Arbitrators action, that prevents the nature of a problem - i.e. If something is going strange, an Arbitrator can start an intermediate ruling to prevent ongoing security breaches, Policy breaches and so on, despite the fact, this is not the final Ruling.
- Maybe the Arbitrator comes to another conclusion after hearing all the facts until the final Ruling.
How can an Arbitrator can come to a ruling?
- The ruling is the decision an Arbitrator has to do.
- The decision is primarily based upon written Policies including Handbooks, Guidances, Subsidiary Policies and other documents that helps to find answers to the questions related to the current arbitration case.
- If Policies aren't written about details, Arbitrator has to ask questions. To find questions, that he will answer in the ruling, are an essential part to structure an Arbitration case.
- Finding questions to answer in the ruling is part of the Deliberation, Rationale, Discovery process. An Arbitrator can decide to present his Deliberations to the Arbitration participants as a discussion to get more answers or to get a response, if it is that the parties asked for before find a final ruling.
- The questions have to be complete as possible. So if there are open questions or unasked and unanswered questions, the ruling can get appealed or re-opened.
- Also to have in mind about the nature of disputes, that relates to communication problems, or are personalty based (check principles!!!).
- A policy breach can be seen under another PoV, if no communication has been established before, to push the policy to the community. That's often a problem in these days, as new policies are written and Assurers didn't hear about the new policies before. So a policy breach needs to be weighted. Did (R) has a chance to become aware about a new policy that was breached?
- A dispute filing against a policy breach that is not primarily based upon the policy breach, but about soft antipathy that relates to principles (i.e. the antipathy new assurers have against the "old" Super-Assurers and vice versa)
From DRP: The Arbitrator records:
- The Identification of the Parties,
- The Facts,
- The logic of the rules and law,
- The directions and actions to be taken by each party (the ruling).
- The date and place that the ruling is rendered.
So therefore the acceptance to CCA and DRP needs to be checked and verified under Section 2 (Init mailing) by the Case Manager / Arbitrator for all Arbitration participants of a case.
- When you should write an Intermediate Ruling ?
- On which essential parts a Ruling is based upon ?
- What is the core issue of a Ruling ?