Conflict Resolution Policy

Process

The resolution of disputes and disagreements within the OMNI is encouraged through informal process and the spirit of a collaborative environment. There is a process, however, by which issues that cannot be resolved informally should be resolved. In these cases, the following steps should be followed:

1. The party who seeks resolution finds someone to act as Conflict Steward in the matter, and works with this Conflict Steward to find a Mediator.
   1. The Conflict Steward and Mediator are impartial and uninvolved third parties who consent to assist, and with whom all conflicting parties consent to work toward a solution. If needed, resources for conducting mediation can be provided.
   2. The Conflict Steward organizes meetings for conflict resolution and maintains records of all meetings and relevant communications among the conflicting parties.
   3. The Conflict Steward, Mediator, and the conflicting parties arrange to meet to work out a resolution to which all conflicting parties consent.
2. If at least one conflicting party does not consent to meet, or if at least one conflicting party is unavailable to meet in a reasonable time, all relevant circumstances considered, or if the Conflict Steward and Mediator agree after at least one meeting that further meetings would not be likely to lead to resolution, the issue is brought before the group in the following way:
   1. The issue is added to the agenda of the next OMNI delegate meeting scheduled at least one week in the future, and documentation is gathered by the Conflict Steward and made available to the group at least one week beforehand, and notice is broadcast to the group, but information that would compromise anyone's privacy or dignity is not made public. In the description of the issue, the form of remedy sought by the plaintiff(s) is included. Both the Conflict Steward and Mediator must give their approval of the factual content of the documentation before it is posted. Both the Conflict Steward and Mediator must expressly affirm that the form of remedy sought by the plaintiff(s) is consistent with OMNI's values.
   2. During each meeting's agenda item on Conflict Resolution, all unresolved issues are brought up for discussion followed by a vote.
      1. First, the Conflict Steward presents all relevant documentation about the issue.
      2. Then, the remedy being sought by the plaintiff(s) determines the voting threshold for sustaining a sanction against any party to the conflict. The categories are (in order of decreasing severity):
         1. Conflict calling for membership suspension or termination.
         2. Decision Procedure: 2/3 vote
         3. Conflict where only material compensation is sought.
         4. Decision Procedure: 1/2 vote
         5. All other conflicts.
         6. Decision Procedure: Consensus
      3. Then, the opportunity to represent perspective is granted to each conflicting party and to the Mediator, and general discussion may be held about the issue if any member wishes. The Conflict Steward co-facilitates with the Facilitator in order to answer questions specific to the conflict and provides information about the history of the conflict by referring to the documentation.
      4. Then, a brief period of deliberation of definite time is held, during which members are free to consider the issue or discuss it directly with others.
      5. Then, members may propose alternative remedies to the conflict, along with any appropriate implementation plans.
      6. Finally, a vote is held on the plaintiff(s)' proposed remedy, and then alternative remedies are voted upon in the order they were proposed, but only if at least one member indicates that the remedy under consideration is still relevant. After all remedies have been considered in this way, the matter is considered resolved. The Conflict Steward then ensures all relevant parties understand the remedy or remedies that passed and any corresponding implementation plans.
      7. Any conflicting party unsatisfied with the decision may place an appeal on the agenda in the same way that conflicts are placed on the agenda, except that a majority of the group must vote to accept the appeal during a meeting, and the process begins anew. The appeal must propose an alternative remedy and refer to values that were not served by the original decision.
      8. If at the end of any step in the process more than an hour has passed during the current meeting in considering the conflict, any member may request that a majority vote be held on whether to table the conflict until the next meeting.

• • • proposed edit from brel: as far as procedure, in order to avoid the delegate group and the larger omni collective having to play the role of "judge" as much as possible, due to the controversial, murky, and difficult, time consuming course it could potentially take, perhaps adding another rung in the process:

"if no resolution is reached through mediation, it is the responsibility of the collective(s) whose members are in conflict to use their own conflict resolution policies to resolve the conflict. if still no resolution can be reached, then it will be brought to the delegate meeting."

Principles and Values Specific to Conflicts

In the pursuit of fairness, due process in the resolution of conflicts must include:

• Presumption of innocence.
• Measures to ensure the safety of involved parties until resolution is reached, which should not be interpreted as a presumption of guilt.
• Right to an appeal and a fair process.
• Respect for the privacy and dignity of all members.
• Proportional and effective remedies.
  • • Comment from Brel: the language of this is too much a mimicry of the language used within our criminal justice system, and is not realistic or helpful. I propose that we get rid of this section entirely. I think elements of it are already said in other parts of this document and the safe space policy.

Restorative remedies are strongly preferred over retributive remedies.