agentic-govbot/templates/dispute-resolution/community-referee.md

# Community Referee Dispute Resolution

*A streamlined process where a single trained referee facilitates and decides on dispute resolution*

This dispute resolution protocol can be integrated into any governance constitution as an article on conflict resolution.

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## Article: Dispute Resolution

### Section 1: Principles and Values

**Core Values**
This community emphasizes:
1. **Efficiency** - Streamlining resolution to minimize time and resources
2. **Fairness** - Equal treatment and impartial review
3. **Expertise** - Trained referees understand community standards
4. **Practicality** - Focus on workable solutions
5. **Consistency** - Applying standards uniformly
6. **Respect** - Dignity for all parties throughout process

**The Referee Approach**
Single-referee model provides:
- Quick response to disputes
- Expert application of standards
- Efficient use of community resources
- Consistency in decision-making
- Clear accountability

**Documentation**
- Comprehensive digital handbook on community website
- Searchable by topic and keyword
- Periodic workshops on process
- Updates communicated regularly
- Bot maintains current materials

### Section 2: Scope and Jurisdiction

**What Referees Handle**
Referee process covers:
- Community agreement disputes
- Resource allocation conflicts
- Interpersonal conflicts between members
- Minor property disputes
- Policy compliance matters
- Procedure interpretation questions

**Appropriate Cases**
Best suited for:
- Routine disputes with clear standards
- Situations needing quick resolution
- Disagreements about facts or application
- Cases without complex emotional dynamics
- Matters where fair decision can be reached efficiently

**Escalation to Other Processes**
Some disputes better handled elsewhere:
- Complex emotional conflicts → mediation or circles
- Serious harm → restorative/transformative justice
- Major policy questions → governance body
- Legal violations → authorities as needed

### Section 3: The Referee Pool

**Referee Qualifications**
Referees must have:
- Deep knowledge of community standards
- Dispute resolution training
- Demonstrated fairness and impartiality
- Strong analytical skills
- Communication abilities
- Community trust

**Referee Training**
Training includes:
- Community values and constitution
- Conflict resolution techniques
- Evidence evaluation
- Decision-making frameworks
- Cultural competency
- Managing difficult dynamics
- Bot systems and documentation

**Maintaining the Pool**
- Community maintains roster of trained referees
- Regular refresher training
- Performance review and feedback
- Addition of new referees as needed
- Bot tracks availability and assignments

### Section 4: Initiating the Process

**Dispute Submission**
Party submits request via @govbot including:
- Parties involved
- Nature of dispute
- Relevant facts and timeline
- Evidence or documentation
- What outcome is sought
- Urgency level

**Initial Review**
Within 2 business days:
- Coordinator reviews submission
- Confirms eligibility for referee process
- Determines complexity level
- Assigns referee
- Notifies all parties

**Referee Assignment**
Target within 5 days:
- Referee assigned based on availability and expertise
- Parties notified of referee identity
- Can object if conflict of interest
- New referee assigned if valid objection
- Bot tracks assignments and prevents conflicts

### Section 5: Referee Process

**Intake Phase**
Referee conducts initial work:
- Interviews with each party separately (30-60 min)
- Reviews documentation and evidence
- Identifies key issues and questions
- Determines if joint session needed
- Develops process plan

**Joint Session (if needed)**
When parties meet together:
- Referee maintains control of process
- Structured speaking protocols
- Time limits ensure efficiency
- Focus on facts and resolution
- Typically 60-90 minutes

**Additional Information Gathering**
Referee may:
- Request additional documentation
- Interview witnesses
- Consult community standards
- Review precedents
- Seek expert input if needed

### Section 6: Ground Rules and Structure

**Process Rules**
All participants agree to:
- Equal opportunity to present perspectives
- No interruption during presentations
- Respectful language and tone
- Truthful statements
- Time limits respected
- Referee's process authority

**Structured Speaking**
- Each party presents uninterrupted
- Specific time allocated (typically 10-15 min)
- Questions asked through referee
- Rebuttals brief and focused
- Closing statements (5 min)

**Confidentiality Protocols**
- Case information shared only with referee and parties
- Witnesses get only relevant information
- Decision may be published (anonymized)
- Sensitive details protected
- Exceptions for safety concerns

### Section 7: Dispute Assessment

**Referee Analysis**
Referee evaluates:
- Agreed facts and disputed facts
- Applicable community standards
- Credibility of evidence
- Context and history
- Whether new issue or ongoing pattern
- Impact on parties and community

**Standards Application**
Referee consults:
- Community constitution
- Relevant policies
- Code of conduct
- Past referee decisions (precedents)
- Community values
- Bot provides searchable access

**Fact-Finding**
Through evidence evaluation:
- Review of submissions
- Witness statements
- Documentary evidence
- Community standards
- Contextual factors
- Precedent review

### Section 8: Handling Non-Participation

**When Party Doesn't Engage**
Members expected to participate but:
- Process may proceed without active participation
- Decisions made based on available information
- Non-participating party still bound by decision
- Noted in decision rationale

**For Non-Members**
- Process is voluntary
- Cannot compel participation
- Limited decisions possible without full participation
- May recommend separation or boundaries

**Good Faith Requirement**
Parties expected to:
- Participate honestly
- Provide requested information
- Respect process
- Accept referee authority
- Implement decision

### Section 9: Deliberation and Decision

**Referee Deliberation**
Referee considers:
- All evidence and testimony
- Applicable standards
- Precedents
- Practical implications
- Community values
- Fair and workable outcomes

**Structured Discussion**
Before final decision:
- Referee summarizes points of agreement and disagreement
- Identifies key questions
- Discusses potential outcomes with parties
- Reality-tests proposed solutions
- Allows final statements

**Participants**
Throughout process:
- **Primary parties** - Present case and participate
- **Referee** - Facilitates and decides
- **Support persons** - May attend for emotional support
- **Witnesses** - Provide information if called
- **Coordinator** - Handles administrative logistics

### Section 10: The Decision

**Written Determination**
Referee provides written decision within one week including:
- Clear finding or determination
- Summary of relevant facts
- Application of community standards
- Reasoning for decision
- Specific requirements or remedies
- Implementation timeline
- Follow-up if needed

**Types of Decisions**
Referee may:
- Determine facts
- Interpret policy application
- Assign responsibility
- Order specific actions
- Require apologies or acknowledgment
- Mandate restitution or repair
- Set boundaries or separation
- Recommend policy changes

**Decision Communication**
- Decision sent to all parties
- Submitted to @govbot for records
- Anonymized summary published to community
- Implementation coordinator notified
- Bot tracks and monitors compliance

### Section 11: Implementation

**Carrying Out Decisions**
- Bot executes authorized actions where possible
- Parties responsible for their requirements
- Coordinator monitors compliance
- Regular check-ins scheduled
- Support provided as needed

**Compliance Tracking**
- Deadlines tracked by bot
- Parties report completion
- Coordinator verifies
- Community notified if non-compliance
- May escalate if requirements not met

**When Implementation Fails**
If party doesn't comply:
- Coordinator contacts party
- Understands barriers
- Referee may modify if circumstances changed
- Escalate to governance body if willful non-compliance
- May result in further consequences

### Section 12: Escalation Options

**When Referee Process Insufficient**
Some cases need escalation:
- **Three-referee panel** - For complex cases needing multiple perspectives
- **Mediation** - For cases needing facilitated dialogue
- **Governance body** - For policy questions or major decisions
- **Professional services** - For specialized expertise
- **Legal processes** - When outside community jurisdiction

**Requesting Escalation**
Either party or referee can request:
- Submit escalation request to coordinator
- Explain why current process insufficient
- Coordinator determines appropriate path
- New process initiated
- Original referee decision may be suspended

### Section 13: Appeals Process

**Grounds for Appeal**
Appeals accepted only for:
- Significant new information not previously available
- Misapplication of community standards
- Procedural errors affecting fairness
- Evidence of referee bias
- Decision implementation proving impossible

**Filing an Appeal**
Within 14 days of decision:
- Submit appeal to Appeals Committee via @govbot
- Explain specific grounds
- Provide supporting information
- Pay fee if applicable (refunded if appeal successful)

**Appeals Committee**
Three-referee panel reviews:
- Committee evaluates appeal grounds
- Decides if criteria met
- Reviews within 10 days
- Can request additional information
- Determines: dismiss, modify, or overturn

**Senior Referee Review**
If appeals committee accepts:
- Senior referee assigned for review
- Reviews all materials
- May conduct limited hearing
- Issues final determination
- Decision is binding

### Section 14: Information and Records

**Record Keeping**
Bot maintains:
- All dispute submissions
- Evidence and documentation
- Referee determinations
- Implementation status
- Appeals and outcomes
- Anonymized statistics

**Community Access**
Members can access:
- Anonymized decision summaries
- Precedent database
- Process statistics
- Training materials
- FAQ and guidance

**Privacy Protection**
Confidential information:
- Party identities (in published decisions)
- Sensitive personal details
- Private communications
- Referee deliberation notes

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## Implementation Notes for Bot

When supporting community referee process:

1. **Efficient coordination** - Move process quickly through stages
2. **Referee support** - Provide information access and documentation tools
3. **Track precedents** - Build searchable database of decisions
4. **Monitor implementation** - Automated tracking and reminders
5. **Escalation pathways** - Clear routing to appropriate alternatives
6. **Maintain consistency** - Flag conflicts with past decisions
7. **Statistics and learning** - Track patterns and outcomes

This process works best when:
- Community values efficiency
- Trained referees available and trusted
- Cases generally straightforward
- Quick resolution important
- Standards clearly documented
- Community respects referee authority
- Appeal paths available for errors