[CCWG-ACCT] Notes & Chat | CCWG Accountability WS2 - REVIEWING THE CEP | 23NOV16

[MSSI Secretariat]

Hello all,

The notes & the chat for CCWG Accountability WS2 Reviewing the CEP from 23 November 2016 @ 13:00 UTC are available below.

Thank you.

Kindest Regards,
Yvette Guigneaux
Multi-Stakeholder & Strategic Initiative Assistant
ICANN | Internet Corporation for Assigned Names & Numbers
12025 Waterfront Drive, Playa Vista, CA 90094
yvette.guigneaux at icann.org<mailto:yvette.guigneaux at icann.org> | www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DQMFAw&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=xjNMRR-fjlgBx7tqUEv8lZv2O9RJyMyqWkymcecegCUuwDxFVsW6VBuvkqKnS_lk&m=WbbyFkU3kVxUaR0n3oI-GPI3GlR9LchI7_eMBKhzI0o&s=JiR2Vvgru-Q_b5WT2P4ZkN7gu41h20n9-0lDY6VDC8g&e=>

________________________________
Notes:
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.
________________________________

Chat:
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

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