Unrestrained arbitration decisions based on good intentions have corrupted the Policy. By exercising a little restraint, ICANN's dispute resolution providers can still save a good policy and allow the appropriate cases to be heard by courts of law (509)."
In other words, Stewart is suggesting that going for arbitration is the quick fix, and that the quick fix absent the law as applied by those best qualified to interpret and apply the law, might perhaps result in one party not receiving the fullest benefit of the law. It is a good point, but not a point that applies to cases that are so simple in nature as is Tom and Sue's. Also, if taking a court action can impact their business in an adverse way, then it remains in the best interest of Tom and Sue in their business to resolve the problem without the benefit of a legal expertise whose qualifications are probably more than this situation needs.
Linda R. Singer refers to mediation as the "sleeping giant," because of its flexibility, which makes it fit businesses of all sizes and appropriate for dispute resolution within those varying sized businesses (70). In the case of Tom and Sue, we really do not have the details of the size of their business, but we know that their partnership consists of just the two of them, because there are no other partners involved in this dispute. Singer points out that a mediator can help the parties to move beyond their sticking point by working through those sticking points, which brings them closer to conflict resolution (70).
Sandra E. Gleason (1997) says that successful dispute resolution is often a way of organizing the partnership's priorities (70). Gleason says that questions to be resolved in dispute resolution should begin with some basic questions and answers:
What are your goals for the process (What is the mission)?
What barriers do you see in the accomplishment of your goals?
What opportunities do you foresee?
What are your interests/needs? What do you personally hope to accomplish?
What do you see as the most critical issues to be resolved in this mediation process?
What do you see as the most important issues for the group to address?
What is at stake for...
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