By Voluntary Association - Should Public Dispute Resolution Be Needed:

 

1. All public dispute resolution must take place open to members in a public forum as justice is foundational for a peaceful society. This is the only way honour, good faith and clean hands can be judged and upheld.
   1. No exceptions.
   2. We are all accountable for our actions to one another.

 

2. If a complainant still feels aggrieved following private dispute resolution, then they call a court by filing their complaint with the facilitator group that spans both the complainant and respondents grass roots group.
   1. The overlapping facilitators group select one member to organise the court (master of ceremonies) as follows:
      1. Arrange a neutral venue (over time communities will collectively have access public areas) equally accessible to both the complainant and respondent, and
      2. Arrange a time for the court to convene, and
      3. Select 6 jurors from each the complainant’s and respondent’s grass roots group so our neighbours judge us and we set the standard of acceptable behaviour locally.
      4. All parties to be served via their grass root facilitators.

 

Master of Ceremonies

3. The role of the master of ceremonies is to keep proceedings civil.
   1. The complaint is the remaining disputed issues from the private dispute resolution set out on a point by point basis.
   2. A copy of the complaint is given to the complainant, the respondent and and to each juror.
   3. Each point is dealt with in order as presented in the complaint

 

Pre Trial / Case Management

4. Both parties list outstanding information required from the other, and
   1. Each provide the same to the other within 14 days.

 

Hearing the Complaint:

5. The complainant outlines their case of the harm they allege has been caused to them, and

 

6. Thereafter point by point each disputed item is heard:
   1. The jurors cross examine the complainant and their evidence in the public forum until the complainant is satisfied each juror individually understands the point, and
   2. The jurors independently retire so that they reach their own verdict based upon the evidence presented, and
   3. The jurors return their independent verdict to the master of ceremonies who reads out each jurors verdict on that point, and

 

7. This continues until each point has been addressed, and

 

8. for there is a case to answer a super majority of 80% creates the verdict.
   1. Less than 80% means there is no case to answer based upon the evidence and the complaint is dismissed, and
   2. the master of ceremonies records the verdict and two copies are made, one for the complainant and one for the respondent.

 

Hearing the Respondent:

9. If there is a case to answer then the respondent outlines their defence, and

 

10. Thereafter point by point each disputed item is heard:
    1. The jurors cross examine the respondent and their evidence in the public forum until the respondent is satisfied they individually understand the point, and
    2. The jurors independently retire so that they reach their own verdict based upon the evidence presented, and
    3. The jurors return their independent verdict to the master of ceremonies who reads out each jurors verdict on that point, and

 

11. That continues until each point has been addressed, and

 

12. For the harm to have been committed a super majority of 80% creates the verdict.
    1. Less than 80% means the respondent has no case to answer based upon the evidence, and the complaint is dismissed
    2. The master of ceremonies records the verdict and two copies are made, one for the complainant and one for the respondent.

 

Hearing the Remedy:

13. If there is a case to answer first the complainant explains their requested remedy, followed by the respondents offer for remedy, and

 

14. Thereafter point by point each disputed item is heard starting with the complainant:
    1. The jurors cross examine point by point in the public until both the complainant and respondent are satisfied they individually have been understood, and
    2. The jurors return their independent verdict to the master of ceremonies who reads out each jurors verdict on that point, and

 

15. That continues until each point has been addressed, and

 

16. The jurors independently retire so that they reach their own reasonable remedy based upon the evidence presented, and
    1. Return their independent remedy to the master of ceremonies who reads out each jurors remedy, and
       1. the average remedy is granted to the complainant, and
       2. the master of ceremonies records the remedy and two copies are made, one for the complainant and one for the respondent.

 

Enforcement:

17. As members agree to how they will interact with one another, and how the association will resolve dispute in the absence of private dispute resolution they have consented by their freewill, and therefore are contractually bound by the decision, including that the communities have the right to enforce the remedy provided by the court if they do not stand by their bond given to one another.

 

Dishonour By Non Attendance Or Failure To Remedy:

18. If the respondent fails to provide remedy, or

 

19. If the respondent fails to attend the court can proceed to issue a default judgement (uncontested) based upon the evidence presented before it due to their dishonour and disrespect of the community, and their undertaking to other community members, or

 

20. If the respondent is not a member of the community, again the court can proceed to issue a default judgement (uncontested) based upon the evidence presented before it due to their dishonour and disrespect of the community,

 

21. then the court record forms the cause of action for bringing a case into the existing court system for resolution.