Wikipedia talk:Arbitration/Requests/Case/ADHD

Page contents not supported in other languages.
From Wikipedia, the free encyclopedia

Uninvolved folk[edit]

Statements from initial requests by non-parties copied here. —— nixeagleemail me 20:27, 21 May 2009 (UTC)[reply]

Statement by Xeno[edit]

Having been watching the ANI thread at the request of Nja247 with an eye to providing a neutral closure, I note that each party has raised concerns as to the various other forms of dispute resolution available. Scuro worried that some venues may be unfair or unfocused and other parties speculated that certain venues would simply generate further countless KBs without tangible results - neither side seems to agree on where to go next. While my closure of the topic ban proposal as unsuccessful with suggestions as to ways forward [1] conflicted with Durova's filing this RFAR, it is my humble opinion that the methodical approach to arbitration is likely to ensure fairness and provide benefits for all parties involved and urge acceptance of the case to bring order to this group of articles. –xeno talk 16:47, 18 May 2009 (UTC)[reply]

Comment by Ncmvocalist[edit]

Ideally, if the involved users took the right series of steps and took it to the right venues from the word go, the community could and would have been able to resolve many of the underling issues here. However, as the opposite occurred, and the community will no longer be willing or able to resolve this, acceptance is indeed needed here. Ncmvocalist (talk) 16:13, 20 May 2009 (UTC)[reply]

Unionhawk, I am neither explicitly endorsing nor dismissing your description of this dispute (which incidentally, matches a claim that scuro is tendentiously editing). What I am suggesting is that on at least one occasion, this dispute was brought to the wrong step in dispute resolution - if it was taken to RfC/U at the conclusion of the WQA, or taken there to begin with instead, Durova's response would have been more definitive on whether she felt the sanctions were justified or not. Instead, there were procedural issues, specifically concerning the presentation of evidence (or a lack thereof). See also my comments below. To be frank, I don't understand what (if anything) you disagree with me about? Ncmvocalist (talk) 13:45, 21 May 2009 (UTC)[reply]
Literaturegeek, you are misstating my position. I don't believe this is a regular argument on a talk page, and I assume Nja247 picked that up in my response on my talk page. I'm unfortunately very familiar with the behaviour being alleged here - however, that doesn't mean we don't follow a set of steps to deal with such claims. I was able to resolve behavioural issues I've personally encountered (similar to those alleged in this case) through community measures short of arbitration because I followed the guidance I was given; sadly, I cannot necessarily say the same for all of the involved users here (including yourself) who suggest that they are encountering similar issues - perhaps what you think you know is too little, or in this case, simply not enough. Ncmvocalist (talk) 13:45, 21 May 2009 (UTC)[reply]
Scuro, this request is named in a particular way, so that arbitrators are expected to look at claims about misbehaviour in that area of conflict (the group of articles that are at the centre of the dispute) - obviously, your conduct will be considered, but so will all of the other involved parties listed at the top of this request. As long as involved parties maintain an acceptable level of decorum, they may express their concerns and claims about another involved users behaviour in evidence if they wish, and may respond to such claims and concerns against them if they wish. There are times where arbitration is unlikely to yield better outcomes for the project than if the community is given a/another chance to handle it. However, that is not the case here - rather than have all concerns and claims potentially ignored by the community, both sides are likely to have a better outcome for the project through arbitration, which is at the heart of why I urged acceptance. Ncmvocalist (talk) 13:45, 21 May 2009 (UTC)[reply]

name change[edit]

Three of the parties involved in this case have requested a name change. Since virtually all the issues are about Scuro, should this not be a user conduct Arb? If this is mainly about user conduct, could changing the title of the case inadvertently avoid closer scrutiny to the fact that none of the criteria were met for an arbitration case. No party to this case has ever attempted any mediation or attempted to reconcile differences on the talk pages. Ncmvocalist, I do appreciate the logic of your attempt to resolve issues, my concern is that this shouldn't happen in an unfair way. If a band of contributors "railroad" a single contributor who does not share their viewpoint to Arb, with absolutely no attempt at mediation, how can this be justified because they say mediation is impossible? As I have stated before, two wrongs don't make a right. The arbitration committee should rule on the issue of the title of this case. How would this be requested?--scuro (talk) 04:29, 23 May 2009 (UTC)[reply]
I think since the pages are already created, it makes just as much sense to leave it. The area of dispute is confined to ADHD-related articles. If you really want to change it you may want to ask a clerk the proper procedure to request it formally (proposed motion on workshop maybe). In consideration of your "railroad" statement, and the below, I'll remind you that it was a neutral third party that filed this arbitration request, while another neutral party closed an ANI thread suggesting arbitration as the ideal venue for all involved. As far as I can tell, there have been several attempts at dispute resolution; but if you disagree you can submit evidence to the contrary. –xenotalk 05:16, 23 May 2009 (UTC)[reply]
On the topic ban proposal contributor Durova stated; "Nja, my thought on this has already been stated three times: no, no, and no. There hasn't been sufficient evidence for any sanction at all. After two days of requesting the background I finally dug it up myself. This is beginning to resemble a tendentious quest for sanctions. That's more worrisome than the putative disruption itself because it's a step on the slippery slope to POV groups railroading editors who hold minority views. A request for community sanctions is a serious matter. DurovaCharge! 18:43, 16 May 2009 (UTC)". The observation of potential railroading is his. I don't see this as a giant conspiracy. Simply that railroading happened at the start, and once the wheels got moving there was no stopping this train. If the name change allows for deflection from the issue of not following wiki policy, then this issue is very important.
As for the several attempts at dispute resolution. The only two mediation processes of the group were filled against Doc James. The other processes were attempts at general sanctions or not true mediation or negotiation processes.--scuro (talk) 06:47, 23 May 2009 (UTC)[reply]
Firstly, Durova is a her. ;) Secondly, mediation is an attempt to resolve content issues - as effective as it is, it frequently is insufficient to resolve many conduct concerns. If arbitrators later find that there is inadequate attempts at dispute resolution, they may either make that as a finding, or close or suspend the case for a period of time to see if arbitration is still needed. Thirdly, the type of editing alleged was serious enough to compel many arbitrators towards accepting this case; if such an allegation is not founded on facts, or inaccurate, then the users making such allegations are engaging in a type of misconduct themselves and would be at risk of being subject to sanctions themselves. It's therefore important to present your evidence and responses to evidence against you, as soon as you can - arbitrators often accomodate reasonable requests for time where parties are away or unable to edit for a period of time. Finally, see also Xeno's comment. :) Ncmvocalist (talk) 18:40, 23 May 2009 (UTC)[reply]

Here's the dilemma: sanctions discussions occur on high traffic admin noticeboards. It wasn't my first choice that they take place that way, but they do. Our default position is one of good faith: that is, the community doesn't accept a proposal to sanction unless it's well-supported. That places a certain burden for evidence upon the proposers of a sanction. And the reality of admin noticeboard format is that there's a rather narrow window of opportunity for doing so. The longer a threaded discussion grows, the fewer people join it. We can't accept a request for sanctions principally on the say-so of a majority of involved parties, because if the community did so then inevitably some instance would happen where a clique of like-minded people abuse the community's trust to shoo away a legitimate minority voice. Arbitration isn't a desirable way of resolving conflicts, but on balance it's better to resolve matters through the vehicle of arbitration than to risk a railroading. That does not mean that I regard Scuro's treatment as railroading: explicitly, I do not do so. What my statements intend is that, within the limited context of ANI and a quick perusal of related dispute resolution, it was not immediately clear whether Scuro was disruptive, or whether an attempt at railroading had occurred. This could occur because solid valid evidence of disruptive behavior had not been brought forth in a clear and compelling manner by those who had the best firsthand knowledge. So please regard me as a neutral party, who wishes only to preserve the integrity of our processes. DurovaCharge! 19:48, 23 May 2009 (UTC)[reply]

  • Potential name changes are usually handled at the end of the case, once the decision is taking shape, and the ultimate case scope and the direction of any remedies is known. --bainer (talk) 00:11, 24 May 2009 (UTC)[reply]

Major issue has never been addressed-want ruling[edit]

From the Arb topic page [[2]]

The arbitration process within the Wikipedia community exists to impose binding solutions to Wikipedia disputes that neither communal discussion, administrators, nor mediation have been able to resolve"..."The Committee accepts cases related to editors' conduct (including improper editing) where all other routes to agreement have failed".

Requesting arbitration

To request that a dispute be arbitrated, see the arbitration request page.

Requests for Arbitration can also be used to present questions and requests related to previous closed cases. These include clarification of the intent and scope of a decision, appeals of past sanctions, and requests to amend remedies and enforcement measures.

Cases lacking prior dispute resolution

The Committee will generally accept these types of cases without any previous formal dispute resolution measures being followed:

  • Reviews of emergency actions to remove administrator privileges
  • Unusually divisive disputes among administrators
  • Matters directly referred to the Arbitration Committee by Jimbo Wales

Otherwise, it is expected that other avenues of dispute resolution will have been exhausted before a case is filed—Arbitration is the last resort for conflicts, rather than the first.


None of the prior steps required for filing an Arb have ever been taken. No mediation process was ever undertaken with contributor Scuro. No party has ever attempted to earnestly reconcile differences on the talk pages. Instead of a process of "last resort", a process of "first resort" has been created. This issue was brought up both at the topic ban proposal [[3]] and Arb request filing of Scuro[[4]]. This issue has never been informally or formally addressed. What is important here, is that a two tiered wikipedia has now been created. We have every contributor on one tier and then a single contributor on the second tier. That single contributor lives under a set of rules that no one else does. Allowing this has implications for all of wikipedia:
  1. sets a precedent for future abuse, ie railroading
  2. doesn't allow for contributor to self correct behaviour over time
  3. creates adversarial instead of collaborative environment
  4. creates level of intense scrutiny not warranted under the circumstances
  5. is fundamentally unfair
The arbitration committee should rule on the issue of not following Arb procedure. How would this be requested? Issues addressed should include "is it right to break all the rules" with any Arb case ( and with this case in particular ), the implications of bringing this case to Arb creates, and if a second tier contributor should be judged differently then a first tier contributor.--scuro (talk) 04:29, 23 May 2009 (UTC)[reply]
We do not do it lightly, but the Committee sometimes accepts requests for arbitration with respect to unusually divisive or difficult disputes, if we feel that other dispute resolution methods are less likely to be of assistance than a case would. Not all arbitrators offered reasons when deciding to accept the case, but that certainly seems to be the perception of the Committee here. Of course, in any case the Committee can require through remedies that certain dispute resolution processes be pursued, if that is appropriate. --bainer (talk) 00:39, 24 May 2009 (UTC)[reply]
Has there ever been another case, not of a highly urgent matter, that went to Arb with no negotiation, mediation, or attempt to solve differences on the talk pages?--scuro (talk) 06:14, 24 May 2009 (UTC)[reply]
You appear to be suggesting, Scuro, that your dubious conduct on the ADHD and related Talk pages (as well as for example Wikipedia_talk:Reliable_sources_(medicine-related_articles)/Archive_3#a_montage_of_correspondence.2C_on_reviews_and_citable_sources, see final comment by JFW, 16 December 2008 ) has not been pointed out (repeatedly) and that no attempt has been made to come to agreement about how to deal with/resolve your conflicts/issues. This is far from the truth. You have many times by many editors been asked to define and specify your issues and/or provide sources for your opinions, but you just keep on complaining (moaning, as one editor put it) and quoting policies/guidelines. At length. Both formal and informal attempts to communicate with you have fallen on deaf ears. It would be appreciated it you'd stop misstating the situation. - Hordaland (talk) 19:52, 24 May 2009 (UTC)[reply]
I had believed that wikipedia's guiding principles would stop this case from ever getting here and being accepted. I thought there would be at least a few dissenters, how wrong I was. Still, I think this case is a highly unique case with implications for all of Wikipedia. I will provide evidence although it's very hard to keep up to the amount of information generated.--scuro (talk) 03:05, 26 May 2009 (UTC)[reply]

procedural questions[edit]

time constraint

As I understand things the evidence phase of Arb is generally about a week. Within this time frame all parties to the case must provide their evidence and counter anyone else's evidence? Am I right in my assumptions?--scuro (talk) 04:29, 23 May 2009 (UTC)[reply]

I've not participated in many arb cases, but they often take several weeks, or longer. It is requested you submit all main evidence within a week, and then it moves on to the "workshop" phase (proposed remedies, and the like). During the whole case, any of the pages may be edited, so if new evidence comes to light and you need to add more to the evidence page, or you wish to propose remedies, motions, etc. during evidence phase on the workshop page you are free to do so. This is my limited understanding; someone correct me if I'm wrong. Your question seems to have the concern that you won't have time to process everything - that's usually not the case at AC, it's a slow methodical process and there's no deadline. –xenotalk 05:01, 23 May 2009 (UTC)[reply]
Having never had an administrative action taken against me three weeks ago, as of today I have gone through 7 administrative actions within that time, if you include the reopening of Wikiquette alert. I am tired of Wikipedia processes and would like a wiki-vacation. Filing procedural issues, giving evidence, and responding to evidence is an unfair burden within the time frame of a week.--scuro (talk) 05:15, 23 May 2009 (UTC)[reply]
As I said the "week" isn't a hard and fast deadline. Depending on what kind of wikibreak you're talking about, you may want to ask a clerk or arb for advice on how to proceed. I know in the past if people didn't want to participate in arbitration, or didn't have time, etc., a motion could be made and the case would be stayed. –xenotalk 05:23, 23 May 2009 (UTC)[reply]
1 week was meant to be the ideal timeline for evidence, however, it's generally several weeks, and I expect so in this case (partially due to the nature of the request, and partially because the caseload grows for many arbs); the ancient guidelines may need some updating to reflect current norms. :) Per Xeno, contacting an arbitrator or clerk to arrange additional time before you begin participating may resolve some of your concerns. Ncmvocalist (talk) 18:45, 23 May 2009 (UTC)[reply]
I have another concern. We have what looks to be 6 against 1 with potentially more contributors joining in the future. The time requirements of each contributor here is uneven. I may require much more time then any other contributor. Would it be acceptable that I respond to each of my detractors separately, and then make my on personal case after I have responded to each of the parties. I would provide evidence against all of the filing parties. A step my step approach would show incremental progress and give me the time to deal with all the complaints and accusations.--scuro (talk) 21:59, 23 May 2009 (UTC)[reply]
A week is really a minimum length, the normal length of an evidence phase is usually longer than that. As can be seen here, we've currently got a target date of 12 June to complete the evidence phase in this case. Of course, that's a target and the precise timing will be dictated by circumstances. --bainer (talk) 00:00, 24 May 2009 (UTC)[reply]
More questions about time, further worries

I wanted a break, requested one, and took one. I really needed that break. I plan to slowly start gearing up now and fully tackle this about a week after we started. Having looked at the diffs, it's more compelling then I had originally anticipated. Yet, to go through all the diffs, examine the context, and then format this info into a visually accessible style is very time consuming. When I look at all of the evidence presented against me, my mind boggles at how much time it would take to respond with evidence, and info to give this information the proper context. These contributors are prolific in their output, so the task grows ever large as time goes on. I share a computer with my family of five. All are active on the computer, so I can usually squeeze some time out in the morning, at lunch, and then I usually have a large block of time when everyone is in bed. I see this Arb as an uneven playing field, as I saw the request for Arb as uneven also. If there is a time limit, and no procedural order, how is this process at all fair?--scuro (talk) 11:46, 26 May 2009 (UTC)[reply]

The arbitrators have a quite organized yet busy schedule, which I think can be found here. You can see that the case is scheduled to have drafting for the proposed decision on 12 June, 2009, and to be resolved on 26 June, 2009. Honestly, that should be plenty of time. You don't have to go through all the diffs, just skim through the main points, and there are just a lot of diffs to support it.--Unionhawk Talk E-mail 11:58, 26 May 2009 (UTC)[reply]
If you're not already using it, consider WP:POPUPS, it's an easy way to preview a diff. –xenotalk 12:36, 26 May 2009 (UTC)[reply]
assumption of guilt and time constraints

I've had several parties in this case state that I haven't responded to issues or questions in a timely manner. The consensus approach appears to look at evidence, even if the accused hasn't had enough time to respond. If we look at the amount of material generated, it has been very lopsided towards the filing parties. I can't keep up to everything generated, let along respond to it. Currently I am tackling one issue at a time. There is no way that I can adequately respond to every issue brought up to date, supply my own evidence, and then respond to what will certainly be new information and new accusations within the time frame given. Instead of weeks, I see such a process taking months. From my perspective solid time constraints with no procedural constraints inherently favours the (6 to 8?) filling party.--scuro (talk) 16:02, 26 May 2009 (UTC)[reply]

Less excuses, more finding evidence.--Unionhawk Talk E-mail 16:23, 26 May 2009 (UTC)[reply]
respect the individual

I've asked several parties to give me peace on my talk page, and yet parties here continue to post on my talk page about this arb case. Any issue related to this case can be brought to this talk page. Please, this isn't a pleasant process to begin with. Lets make it as civilized as possible.--scuro (talk) 02:49, 29 May 2009 (UTC)[reply]

Look, I'm trying to make this as easy as I possibly can on you. If I have something that you must know (i.e., shorten your evidence), I'll use your talk, instead of you having to search through all my evidence (which you have previously stated, would be impossible)... Seriously consider what I tell you on your talk page, instead of blowing it off and telling me not to post on your talk page...--Unionhawk Talk E-mail 19:51, 29 May 2009 (UTC)[reply]
I don't believe that I have done anything wrong. If this was a serious issue, I would expect someone other then one of the filing parties involved with this case to tell me so.--scuro (talk) 23:54, 31 May 2009 (UTC)[reply]
Technically speaking, I was neither the filing party, nor one of the initially listed parties. You have been asked repeatedly to solve the issues brought up in this case, and you have not done that. You just tell people (even if they have about 7 references to prove it) that they'r wrong, and have ownership issues. And, now that this comes to ArbCom, you still think that everyone else is wrong, and has ownership issues. Just one time, take somebody else's advice. It might not be what you want to hear, but what you need to hear.--Unionhawk Talk E-mail 17:38, 1 June 2009 (UTC)[reply]

(outdent) Honest to Pete, Scuro, now you are being silly. The top of the Evidence page says:

  • Please limit your main evidence to a maximum 1000 words and 100 diffs (...). Over-long evidence that is not exceptionally easy to understand (like tables) will be trimmed to size or, in extreme cases, simply removed by the Clerks without warning...

You shouldn't "expect someone other then one of the filing parties involved with this case to tell" you, because the authorities here already have told you, in the quoted part of the top of the Evidence page. That applies to you and to everyone else, and you have no right to expect any warning beyond what is stated there. Unionhawk tried to do you a favor and bring your attention to this, so that you wouldn't risk your evidence being "simply removed by the Clerks without warning".

If you don't mind your evidence being "simply removed by the Clerks without warning", then just ignore Unionhawk's kindness. No need to jump down his throat! - Hordaland (talk) 18:49, 1 June 2009 (UTC)[reply]

The point of this thread is to respect my talk page. You can discuss evidence length here -> http://en.wikipedia.org/wiki/Wikipedia_talk:Arbitration/Requests/Case/ADHD/Evidence --scuro (talk) 02:41, 2 June 2009 (UTC)[reply]

how does one view sanction filings?

I see text which I can't seem to look at. "I see now Nja is being seen by some as persecuting poor scuro and poor scuro needs a break, I have been seen as the bad party, this is..." [5]

Also reference has been made to improper filings against me. I'd like to look at that. I believe it is relevant to this arb case.--scuro (talk) 14:51, 6 June 2009 (UTC)[reply]

time constraint 2

I'm off on vacation tomorrow. Times been tight this week as I had to plan a good deal of my vacation last minute and had little time for wikipedia. I have questions about the proposal stage and am not sure about how to respond. I'm not sure about how to respond to a proposal so I'm not sure exactly how much time it will take me to respond. I don't think I would need more then a few days to respond. My questions will follow this post. I have made two requests to both the drafter and the clerk for extended time but have heard nothing. Time has run out and this will be last post for about 2 weeks. I should be ready to go around July 11th.--scuro (talk) 02:52, 26 June 2009 (UTC)[reply]

responding to proposals[edit]

There have been many proposals made and I haven't seen guidelines in how to respond. I would respond to a good majority of them if necessary. With some I'd like to give input, and with others I disagree with them strongly. Some are kind of out there. Should you respond to them all if you are not satisfied with the conclusions they draw? When you counter a proposal and state facts do you need to use diffs? Also I'd like to make proposals myself. Any guidelines on how to make a proposal? If these questions could be answered while I am away I could respond in a prompt manner after my return.--scuro (talk) 02:58, 26 June 2009 (UTC)[reply]

You can comment under the "Comment by parties" heading that is present under each proposal. You don't have to comment on everything. You can certainly provide diffs if you want to substantiate your argument, yes. --bainer (talk) 04:38, 26 June 2009 (UTC)[reply]

Request for clarification: ADHD[edit]

Request to amend prior case: ADHD[edit]

Motions to amend Wikipedia:Arbitration/Requests/Case/ADHD[edit]