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

• Word Doc
• PDF

Recording

• Adobe Connect Replay 

• mp3 Replay 

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