[DTM Escalation] FW: Question Regarding Customer Complaint and Resolution Processes

[Gomes, Chuck]

Do any of you have any thoughts on this?

Chuck

From: Trang Nguyen [mailto:trang.nguyen at icann.org]
Sent: Tuesday, August 30, 2016 12:15 PM
To: Gomes, Chuck
Cc: Lise Fuhr; Jonathan Robinson
Subject: Question Regarding Customer Complaint and Resolution Processes

Hi Chuck,

During our work with Sidley on the Naming Function Agreement, we identified an area relating to the Customer Complaint and Resolution Process that we'd like to bring up to the CWG for discussion this Thursday. As you are the lead of Design Team M, we wanted to let you know of this before the Thursday call.

Annex I of the CWG proposal https://www.icann.org/en/system/files/files/iana-stewardship-transition-proposal-10mar16-en.pdf says that should the issue is not resolved after Phase 1, the direct customer, the IFO, and the ICANN Ombudsman can request mediation (paragraph 1381).

Providing the direct customer with the ability to initiate mediation makes sense and that has been incorporated into the Naming Function Agreement. It's unlikely that the IFO as the service provider would initiate mediate with a customer, but as the CWG proposal provides the option, we will incorporate the IFO into the Agreement as well.

As for the Ombudsman, we would like clarification from the CWG as to what the thinking is to provide the Ombudsman with the ability to initiate mediation. The Ombudsman function is to act as an informal dispute resolution office for the ICANN community, who may wish to lodge a complaint about ICANN staff, Board or problems in supporting organizations (https://www.icann.org/ombudsman). Our guess is that since Phase 2 is limited to the direct customers, the IFO and the Ombudsman, it would be non-customers whose issues are not resolved in Phase 1 that would go to the Ombudsman in Phase 2 to try to get the issue resolved. However, what's unclear is that if the Ombudsman does take up the issue and ends up finding in favor of the non-customers, per established processes, he would issue a report with his recommendations to the ICANN Board -- so it's unclear how the mediation process factors into the Ombudsman's role and processes. We'd like to ask for clarification from the CWG on this point.

Thank you, Chuck!

Trang




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