Based on the immediate feedback I have received on my forum contribution on this topic I'd like to propose the following:
1) We amend the constitution to enable the SC to offer alternative dispute resolution in cases involving parties, who are not residents of Neualtenburg.
2) A seperate procedural document is issued by the SC outlining how it will in the future undertake the offering of negotiation, mediation and arbitration.
It should be noted that I took out the requirement for there to exist a notarised document as a precondition for offering arbitration services since this would effectively block access to arbitration by aggrieved residents, who would like their neighbours to refrain from driving cattle across their land every morning to grass or some such.
This is my proposal for the constitutional amendment:
"Article III: Section 7 - Alternative Dispute Resolution
SC members will provide alternative dispute resolution (ADR) in the form of negotiation, mediation, and arbitration to citizens. In negotiation, participation is voluntary and there is no third party who either facilitates the resolution process or imposes a resolution. A member of the SC serves as a witness, recording the negotiation. In mediation, participation is voluntary (in that even though a court may mandate the process itself, the parties are not required to reach a resolution), and a member of the SC acts as a third-party mediator, who facilitates the resolution process but does not impose a resolution on the parties. In arbitration, participation is ordinarily voluntary, and a member of the SC acts as a third party who both facilitates the resolution process and imposes a resolution."
Is changed to read:
"Article III: Section 7 - Alternative Dispute Resolution
SC members will provide alternative dispute resolution (ADR) in matters of disagreement involving one or more citizens or corporations of Neualtenburg. The SC may at its discretion provide such services in cases where neither party is a resident or corporation of Neualtenburg. A seperate procedural document is maintained by the SC defining the services offered and the conditions on which they are made available. This document may be amended by a simple majority vote among the chairs of the SC."
The following is my draft proposal for a procedural document outlining the alternative dispute resolution services offered by the SC. In case the constitutional amendment is passed it will become necessary for the SC to issue such a document. Since it will be a working document of the SC this is probably also the best forum in which to discuss it. I include it here for the sake of wholeness and transparency although I must warn any prospective readers that it is a very rough, first draft:
SC PROCEDURAL DOCUMENT ON ALTERNATIVE DISPUTE RESOLUTION
Article I: Scope of document
Section 1: Legal pretext
This document describes the alternative dispute resolution services offered by the Scientific Council (SC) of Neualtenburg as mandated by Article III, section 7 of the Constitution.
Section 2: Scope
The document describes three different types of alternative dispute resolution, which are offered as governmental services by the SC: Negotiation, Mediation and Arbitration.
The services are being made available in cases of disagreement where at least one party is a citizen or corporation of Neualtenburg.
The services are not being offered in cases where neither party has an affiliation with Neualtenburg.
Article II: Organisation of the alternative dispute resolution services
Section 1: Appointing a facilitator
On the request of the parties to a disagreement the SC may decide to appoint from their midst a person to facilitate alternative dispute resolution of a form agreed upon by the parties.
Section 2: Fee
A fee may be charged by the SC for its services. The fee can be dependent on the type of service, the complexity of the dispute as estimated by the SC and the citizenship status of the parties to the conflict.
Any fee is to be paid in solidum by the parties to the disagreement. Of the payment one half befalls the Neualtenburg Treasury and the other half is to be paid to the SC facilitator.
The amount of the fee will be determined by the facilitator and quoted to the parties to the conflict before the initiation of the service.
It is a precondition for the service to be offered that any fees be paid in advance.
Article III: Types of alternative dispute resolution
Section 1: Negotiation
In negotiation, participation is voluntary and there is no third party who either facilitates the resolution process or imposes a resolution. A member of the SC serves as a witness, recording the negotiation. The resulting document is submitted to the parties who may do with it as they like although the facilitator will be available as a witness should they decide to have it notarised.
Section 2: Mediation
In mediation, participation is voluntary (in that even though a court may mandate the process itself, the parties are not required to reach a resolution), and a member of the SC acts as a third-party mediator, who facilitates the resolution process but does not impose a resolution on the parties. The parties will receive a non-binding recommendation as to how their dispute can be settled.
Section 3: Arbitration
In arbitration, participation is ordinarily voluntary, and a member of the SC acts as a third party who both facilitates the resolution process and imposes a resolution on the parties.
In cases involving one or more parties who is not a resident or corporation of Neualtenburg it is a precondition for the service to be offered that there exists between the parties an understanding and/or arrangements, which enables the SC to enforce a verdict going against the interest of the party with no affiliation to Neualtenburg. This may be in the form of a financial deposit being taken in escrow by the SC facilitator prior to him/her issuing a verdict in the case. The arrangement must be brought to the attention and under the control of the facilitator before arbitration starts. The arrangement must include a mechinism to be executed as sanction against the party, who is not a citizen or corporation of Neualtenburg if he does not comply with the verdict being passed.
The Neualtenburg-affiliated party to the disagreement may choose to waive this requirement with the understanding that the SC will not be able to enforce the terms of a verdict going in his interest.
The facilitator will upon completion of the hearing of the parties and the examination of the evidence of the case issue a verdict in writing which will be made known to the parties.
Article IV: Rates
Section 1: Cases where all parties are citizens or corporations of Neualtenburg
Alternative dispute resolution services are offered for free in cases where all parties have been citizens or corporations in Neualtenburg for at least one month.
Section 2: Cases where only one party is a citizen or corporation of Neualtenburg
The fee for facilitating these cases may range between 100 L$ - 1,000 L$ according to the judgment of the facilitator and subject to the criteria mentioned in Article II, section 2. It is to be paid in solidum by the parties to the conflict.
Article V: Enforcement of arbitration verdicts
Section 1: When the non-compliant party is a citizen or corporation of Neualtenburg
Should a party to the an arbitration case not respect his obligations under the terms of the verdict the SC is authorised on the request of the other party to the disagreement and by the vote of a simple majority to initiate proceedings to revoke citizenship status of the non-compliant party.
Section 2: When the non-compliant party is not a citizen or corporation of Neualtenburg
The facilitator of the SC is required to maintain the arrangements made by the parties to ensure enforcement of the verdict until such time as the verdict has been implemented by both parties. If a party does not comply with the verdict, who is not a citizen or corporation of Neualtenburg the SC is authorised on the request of the other party to the disagreement and by the vote of a simple majority to initiate proceedings to execute agreed upon procedures as part of the arrangements made by the parties upon accepting arbitration proceedings.