Movement Charter/Supplementary Document/Independent Dispute Resolution Mechanism
These supplementary documents are provided by the Movement Charter Drafting Committee for information purposes, and to provide further context on the Wikimedia Movement Charter’s content. They are not part of the Charter, and therefore are not included in the ratification vote, but they have been developed during the course of the MCDC’s research and consultation process. They include several types of documents:
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The Global Council is responsible for creating an independent dispute resolution mechanism, which is in turn guided by a dispute resolution policy developed by the Global Council. This mechanism applies when the Global Council, the Wikimedia Foundation or other Wikimedia Movement Bodies register a dispute about a decision affecting the global movement, and when reasonable efforts made using generally accepted decision-making and mediation processes remain inconclusive. This mechanism will also apply when the Global Council and the Wikimedia Foundation cannot resolve a conflict between them.
The mechanism will include details on escalation pathways, eligible parties, how a dispute is registered, who can trigger the mechanism, and at which point the mechanism (e.g., in the form of a jury) would come into effect. The arbitrators would be neutral, and form an ad-hoc body specific for the conflict (not a standing committee).
Conflicts should initially always be handled at the lowest possible level; the Independent Dispute Resolution mechanism would, however, shape policies that inform how to approach lower-level conflict—for instance, conflicts between Wikimedia communities and affiliates, and how these are escalated.
Recognizing that complex conflicts are context-dependent, this mechanism described will provide procedural guidance while maintaining flexibility. Specific mediators and arbitrators acting in the dispute resolution situation will depend on the involved parties in the dispute. If needed, independent advisors with expertise in mediation and arbitration can also be asked to participate in this process.
The Global Council should have a budget line item covering the costs of external mediation and arbitration.