WikiWe Primary Dispute Resolution (“PDR”)
1. Purpose
This WikiWe PDR (“IDR”) governs any dispute between Members of any Group, Compact, and/or Hub that touches on any agreement, pledge, social promise, Charter, or other obligation made or accepted by the parties in dispute.
2. Principles of Peacemaking
Every dispute shall be resolved according to the Principles of Peacemaking. Each Member is deemed to have personally agreed and promised to honor these principles as written below.
A “Principled Peacemaker” is any person who will abide by these Principles of Peacemaking:
Principles of Peacemaking
We as Principled Peacemakers 🕊️ are each responsible to embody three core principles for peacemaking by promising:
Principled Resolution Promise
I promise to authentically, directly, peacefully, and proactively provide feedback and respond to complaints within 30 days. Instead of legal action, I will first seek resolution through direct discussion; second, prepare and share a record detailing my claim, proposed remedy, controlling principles, and undisputed facts with a fellow Principled Peacemaker; third, involve a neutral Principled Peacemaker to help reach an agreeable resolution; and fourth, if required, resolve the dispute by binding arbitration before a mutually acceptable arbitrator.
Integrity Promise
I promise to be honest, fair, and authentic, always keeping my word and taking responsibility for my actions. I will uphold my ethical principles, build trust, and maintain consistency in my relationships and interactions.
Mutual Respect Promise
I promise to respect the autonomy of others, to refrain from seeking remedies in excess of their binding promises and agreements, and to refrain from claiming obligations from others greater than my own obligations to them.
Reputation Acceptance
I accept that dishonoring these promises may stain my reputation until I measure the impact and make amends.
Link to originalWikiWe™ Principles of Peacemaking governed under Peacemakers' Compact Y24-04 • CC BY-SA 4.0 released 2024-04
3. Confidentiality of Disputes
Unless otherwise agreed in writing by parties in a dispute (collectively the ”Disputants” and individually a “Disputant”), all communications and records made for dispute resolution under this IDR are confidential under Confidants’ MNDA, and shall not be disclosed except to the Disputants, their appointed agents or representatives, conciliators, or arbitrators, each of which shall bound by the Confidants’ MNDA, or equivalent obligation of confidentiality. Notwithstanding the foregoing, the fact that a claim is raised, pending, settled, or enforceable, the identities of the Disputants, conciliators, and arbitrators and pertinent dates may be disclosed to all those bound by the Confidants’ MNDA. Furthermore, any legal proceedings brought in relation to the dispute resolution, including but not limited to proceedings to enforce an arbitration award or to seek an injunction against irreparable harm, may be published as provided by law.
4. Direct Discussions
Disputants shall first attempt to resolve their dispute through private communication with each other, seeking a mutually agreeable solution.
5. Claim Record
Prior to seeking conciliation or arbitration, any Disputant raising a claim or counterclaim against the other shall prepare and share a cause record detailing their claim, proposed remedy, and pertinent principles and facts with at least two Principled Peacemakers including the other Disputant. Any Disputant defending against a claim may similarly prepare and share a defense record detailing their defenses, proposed remedy if any, and pertinent principles and facts.
6. Involve Conciliators
If the dispute remain unresolved after consideration of the Claim Record and Direct Discussion and not earlier than thirty (30) days after first sharing the cause record with the other Disputant, either of the Disputants may request conciliation. Conciliation shall be directed to a fair resolution based on the mutually accepted principles and agreements, including at least the Principles of Peacemaking. In case of scheduling conflicts, the parties agree to use electronic scheduling, for example cal.com, to ensure reasonable availability for each other.
7. Conduct Arbitration
If conciliation is acknowledged by both Disputants to be unsuccessful, if any Disputant expressly refuses to participate in conciliation, or if any Disputant fails to participate in conciliation within ninety (90) calendar days after conciliation is requested by the other Disputant, either Disputant may request binding arbitration. If a Disputant fails to participate in arbitration after proper escalation and notice under this IDR, the arbitrator may render an opinion and award based on the evidence submitted by the other Disputant.
8. Selection of Conciliators and Arbitrators
If the Disputants cannot agree on a choice of conciliator, either Disputant may petition the Administrator to appoint a qualified and willing neutral conciliator.
If the Disputants cannot agree on an arbitrator within thirty (30) days after a proper request for arbitration is made, the selected conciliator (if any) may select a neutral arbitrator upon request by either Disputant. If no conciliator is available, either Disputant may petition the Administrator to appoint a qualified and willing neutral arbitrator.
Unless the Disputants otherwise agree in writing on a mutually acceptable conciliator or arbitrator, selection of a conciliator or arbitrator as provided in this section shall be binding on the Disputants.
9. Nonsuit
Except to enforce a valid arbitration award, or to prevent irreparable harm as provided in this paragraph, no Disputant shall sue the other Disputant in any court of law. Notwithstanding the foregoing, either Disputant may seek emergency injunctive relief against the other Disputant for acts or omissions within the scope of a dispute that cause or are likely to cause irreparable harm, without first satisfying the requirement of prior negotiation, conciliation, or arbitration. A failure to enforce any aspect of the IDR does not imply a waiver of those rights.
10. Costs
Costs for principle-first conciliation and arbitration shall be shared equally by the Disputants, unless agreed otherwise, found otherwise by a conciliator or arbitrator hearing the dispute, or required by law.
11. Choice of Law and Venue Options
The disputing parties are free to select any venue and governing law they mutually agree upon, as long as it aligns with the provisions of this IDR.
Unless otherwise agreed upon in writing by the disputing parties, the applicable law shall be that which applies in the Default Jurisdiction and the Default Venue shall serve as the primary venue for resolving any legal disputes or arbitration arising from the Agreement and/or IDR. The Default Jurisdiction and the Default Venue shall be as specified in the Charter.
If and when any portion of this PDR and linked agreements is deemed invalid or unenforceable by a judge assigned by the chosen venue, any party may move to relocate the case to an alternative venue willing to accept the case.