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PUBLIC AND PRIVATE BODIES OFFERING ADR SERVICES 7 Inventory of Dispute Resolution Mechanisms: What are the Choices for the Telecommunications Sector? 61 (The European Telecommunications Platform, ETP (98)107) (The ETP Inventory) available at <http://europa.eu.int/ISPO/infosoc/telecompolicy/en/dispute.pdf>. See also, J. Paulsson, The WIPO Arbitration Rules, in Carswell’s Handbook of International Dispute Resolution Rules 169 (B. Barin ed., Carswell 1999).

Table 3 PUBLIC AND PRIVATE BODIES OFFERING ADR SERVICES 7 Inventory of Dispute Resolution Mechanisms: What are the Choices for the Telecommunications Sector? 61 (The European Telecommunications Platform, ETP (98)107) (The ETP Inventory) available at <http://europa.eu.int/ISPO/infosoc/telecompolicy/en/dispute.pdf>. See also, J. Paulsson, The WIPO Arbitration Rules, in Carswell’s Handbook of International Dispute Resolution Rules 169 (B. Barin ed., Carswell 1999).

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It is often assumed that where there is an unequal situation, the regulatory body will have to hear the parties, manage the process and issue the decision on the basis of policy — that is, imposing reasonable interconnection terms on an operator. Not all of these elements need to be performed by the regulators. In some situations it is sufficient to ensure that there is a procedure for reaching resolution, and to focus regulatory resources on policing that procedure to ensure that it is carried out. Regulators do not have to hear the parties and issue the decisions themselves. It may be sufficient for arbitrators to perform that role, or for mediators to assist the parties in negotiating within a framework of principles and procedures set by the regulator. Nevertheless, as discussed in Chapter 5, it may still be appropriate for the official sector to be involved in establishing the dispute resolution mechanisms and supervising their use. In essence, there is greater need for regulatory involvement in the dispute resolution process where there is an imbalance of market power. The picture, however, may be more complex than this. The concern may be less about whether regulators are involved, and more about how regulators are involved. Thus, since Ofcom replaced Oftel, it has taken a more nuanced approach to dispute resolution (see, for example, the new local loop adjudication scheme discussed in Part B of Chapter 2). Ofcom’s matrix for considering the use of ADR methods is as follows:
It is often assumed that where there is an unequal situation, the regulatory body will have to hear the parties, manage the process and issue the decision on the basis of policy — that is, imposing reasonable interconnection terms on an operator. Not all of these elements need to be performed by the regulators. In some situations it is sufficient to ensure that there is a procedure for reaching resolution, and to focus regulatory resources on policing that procedure to ensure that it is carried out. Regulators do not have to hear the parties and issue the decisions themselves. It may be sufficient for arbitrators to perform that role, or for mediators to assist the parties in negotiating within a framework of principles and procedures set by the regulator. Nevertheless, as discussed in Chapter 5, it may still be appropriate for the official sector to be involved in establishing the dispute resolution mechanisms and supervising their use. In essence, there is greater need for regulatory involvement in the dispute resolution process where there is an imbalance of market power. The picture, however, may be more complex than this. The concern may be less about whether regulators are involved, and more about how regulators are involved. Thus, since Ofcom replaced Oftel, it has taken a more nuanced approach to dispute resolution (see, for example, the new local loop adjudication scheme discussed in Part B of Chapter 2). Ofcom’s matrix for considering the use of ADR methods is as follows:
Dispute Resolution Continuum
Dispute Resolution Continuum
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information and communication technologies (ICTs) for development
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