Sub-group Members: Alan Greenberg, Anna Loup, Avri Doria, Cheryl Langdon-Orr, Chris Disspain, Farzaneh Badii, Ed Morris, Sam Lanfranco, Thomas Rickert (9)
Staff: Bernard Turcotte, Yvette Guigneaux
Apologies: Leon Sanchez
** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **
Transcript
Recording
Agenda
I. Introduction, SOI, roll call
II. Report from India: Meeting with Becky Burr
III. Bylaws (Anna)
IV. CEP Rules (Farzi)
V. How to engage with community members with CEP experience? A discussion / proposed solutions
VI. Way forward
• Community Input
• CEP Rules
• Bylaws
VII. AOB
Notes (including relevant parts of chat):
I. Introduction, SOI, roll call
Ed Morris: No SOI updates. Review of agenda.
II. Report from Hyderabad India: Meeting with Becky Burr
Ed Morris: Confirmed with BB that the CEP that there remains a financial incentive. Also instead of starting from scratch we should look at mediation providers for their rules.
III. Bylaws
Ana Lupe:(presentation of slides)
Ed Morris: Mediator vs CEP and can a mediator be present at the first meeting.
Chris Disspain: It is possible where ICANN would only be a facilitator. (.wine example). Some form of termination must be present so it is not used as a delaying tactic.
IV. CEP Rules
Farzaneh Badii: usually in arbitration there is a requirement that parties negotiate prior to starting arbitration. So, do we want a mediation process, or negotiation or conciliation. We need to know what is type of conflicts we are looking to resolve.
Ed Morris: SE mentioned the value of old CEP was the informal nature. Under the new Bylaws we seem to possibly moving towards mediation.
Farzaneh Badii: We have to understand if we want a third party present officially. Also have to consider confidentiality requirements - have to weigh possibility of resolving vs the need for other parties to know in some cases.
Ana Loup: worth considering when we engage with parties who have been involved in CEP at ICANN.
Chris Disspain: Have you considered if we need CEP at all if there is a potential for mediation.
Ed Morris: I have considered in the past.
Chris Disspain: We need a process to be a precursor to IRP - it could simply a mediation process for which there are a lot of existing rules and providers for such services.
Ed Morris: This is appealing especially given the current CEP is a hybrid which is sometimes difficult to frame and understand.
Ana Loup: If CEP was reframed as a conventional mediation it might get more participation.
Chris Disspain: If there is a mediation step to IRP is there a need for CEP also - or we can merge mediation with CEP.
Alan Greenberg: SOunds like worth at least a discussion.
V. How to engage with community members with CEP
experience? A discussion / proposed solutions
(Not addressed on call).
VI. Way forward
Ed Morris: we have a problem finding people who have been through CEP.
VII. AOB
Ed Morris: will reach out to David McAuley on the topic of CEP vs Mediation as a pre IRP and then present some questions to the plenary next week.
Documents Presented
CEPM2 - Meeting #2 - slides.pdf
Chat Transcript
Yvette Guigneaux: Welcome all to the WS2 - Reviewing the CEP Subgroup Meeting #2 | Wednesday, 23 November @ 13:00 UTC!
Olevie: Good morning from Lome, Togo
Yvette Guigneaux: Good morning Olevie
Edward Morris: Hello everybody!
Anna Loup: Hello!
Farzaneh Badii: Hi there. I am listening with one ear here, so apologies in advance if I miss something
Farzaneh Badii: oops that came out as odd! I meant I had to combine attending this meeting with other things : )
Bernard Turcotte Staff Support: hello all
Chris Disspain: greetings
Chris Disspain: I am both on the phone and adobe but will drop off from adobe in 20 minutes or so
Farzaneh Badii: if it was a confidential process how can people tell us about their experience?
Farzaneh Badii: we have to clarify that
Yvette Guigneaux: they do now Ed
Yvette Guigneaux: Scrolling available for all
Edward Morris: Thanks Yvette
Sam Lanfranco, NPOC/csih: Greeting to all
Farzaneh Badii: I like the idea of ditching CEP.
Anna Loup: agreed
Sam Lanfranco, NPOC/csih: From what little I understand at this point, either mediation, or a CEP as a mediation step before an IRP would be both more efficient and more effective.
Chris Disspain: Droping from adobe but still on phone
Sam Lanfranco, NPOC/csih: Question: Would mediation be manditory or optional prior to IRP?
Farzaneh Badii: so we will have a Chinese Med/Arb : )
Alan Greenberg: SOunds like worth at least a discussion.
avri doria: i have sent both questions off to the IOT list.
Farzaneh Badii: but do they want to share?
Farzaneh Badii: next week?
Farzaneh Badii: I wont be there
Farzaneh Badii: but it's ok. : )
Farzaneh Badii: no questions. thank you
avri doria: i guess i should not have sent a note already. oh well. will pull back to background.
Sam Lanfranco, NPOC/csih: okay
Anna Loup: thanks!
Edward Morris: Thanks everyone
