1.1.3.4 Funding Arbiter

Introduction

The Cochrane Collaboration policy on commercial sponsorship dictated that the position of Funding Arbiter be established, analogous to the Publication Arbiter. The Funding Arbiter convenes a panel of five members (including him/herself) to give guidance on difficult issues which have been referred to the Panel with respect to the policy on commercial sponsorship.

Membership of the Funding Arbitration Panel

The Funding Arbitration Panel is comprised of five people. The Convenor (i.e. the Funding Arbiter) is appointed by the Cochrane Collaboration Steering Group from among its members. The other four Panel members are identified by the Funding Arbiter in consultation with the Co-Chairs of the Steering Group, and are approved by the whole Steering Group. The Funding Arbiter must be a member of the Steering Group, and at least one of the Panel members must be from outside it. The third Panel member must be from outside the Collaboration; the fourth and fifth members may or may not be Steering Group members. The current members of the Funding Arbitration Panel can be found in the Contact section.

Process for referrals to the Funding Arbitration Panel

Where it is believed that an issue of funding contravenes the current policy, or where there is some doubt, these matters will be referred to the Funding Arbiter. Referrals may also be made by those seeking advice on interpretation of the current commercial sponsorship policy.

Arbitration process

Administrative support and co-ordination are provided as a special function by the Cochrane Operations Unit. People can communicate directly with the Funding Arbiter by e-mail (fundingarbiter@cochrane.org).  

Referrals to the Funding Arbiter should be made by registered Cochrane entities, on behalf of individuals or groups, using the appropriate online forms; submission of such a form will automatically generate an e-mail to the Funding Arbiter's e-mail address, which will automatically be forwarded to the Cochrane Operations Unit, where each referral is checked to ensure that it contains the necessary information (see below). If the referral information is complete it is then forwarded to the Funding Arbiter; if incomplete, it is returned to the sender with a request for the missing information. Once the referral information is complete, the Cochrane Operations Unit forwards it to the Funding Arbiter.

The Funding Arbiter decides whether an enquiry is for him/her only or for the full Funding Arbitration Panel. The Funding Arbiter may determine that the referral is clearly not in breach of the current commercial sponsorship policy, and may give a ruling to such an effect without referring to the full panel. The Funding Arbiter may consider that more information is required before referral to the full Funding Arbitration Panel.

If the Funding Arbiter determines that the issue is equivocal, or if the issue will result in refusal of funding or the cancelling of a review or protocol, or is otherwise contentious, then the full Funding Arbitration Panel will consider the matter. This will be communicated to the Cochrane Operations Unit which will be responsible for distributing the referral to the full Funding Arbitration Panel. Therefore, the Funding Arbiter will classify each individual referral as an enquiry, which can be dealt with by the Funding Arbiter, or as a matter requiring a decision which will be dealt with by the full Funding Arbitration Panel.

The Funding Arbitration Panel will decide on each referral after individual panel members have considered it, and then reach a consensus (either by e-mail discussion or teleconference). The final decision must have the agreement of at least three (of the four) panel members. If the panel members are unable to reach a consensus then the Funding Arbiter will request the Co-Chairs of the Steering Group to nominate a third party to mediate. The nominated person could be either a member of the Steering Group, one of the Co-Chairs, or an active contributor to the work of The Cochrane Collaboration who is not a member of the Steering Group. In circumstances in which one member of the panel is unable to participate (e.g. due to a conflict of interest) the final decision must have the agreement of at least two (of the remaining three) panel members.

If a teleconference is required, the Cochrane Operations Unit will arrange this. All decisions will be determined by the Funding Arbiter and Funding Arbitration Panel after referring to the current Cochrane Collaboration policy on commercial sponsorship. All deliberations will be documented. The Cochrane Operations Unit maintains a database of all referrals and decisions, which forms part of the case law. This information forms the basis of the Funding Arbiter’s reports to the Steering Group for consideration at its biannual meetings.

Should the Funding Arbitration Panel find it necessary to recommend withdrawal of a review from The Cochrane Library because of breach of the commercial sponsorship policy, the procedure should be as follows:

1.             The contact author and review group should be informed of the Panel’s decision.

2.             The contact author and review group should be given the opportunity to appeal to the Steering Group if they wish.

3.             The appeal should be made within one calendar month.

4.             The Steering Group should respond within two calendar months.

Appeals

Appeals against decisions made by the Funding Arbiter should be made directly to the Steering Group, using the following procedure:

1.             Written appeals should be submitted through the Funding Arbiter e-mail address (fundingarbiter@cochrane.org).

2.             The written appeal and all relevant correspondence are forwarded to all the members of the Steering Group who are given a deadline by which to provide feedback. Any Steering Group members who are also members of the Funding Arbitration Panel will excuse themselves from discussion of the appeal. 

3.             The Co-Chairs of the Steering Group (or another member of the Group if there is a conflict) review the collated feedback, and come to a decision as to the most appropriate response to the appeal. They communicate this decision directly to the appellant(s).

Term of office

The term of the Funding Arbiter is limited by her/his term on the Steering Group, i.e. three years, with the possibility of another three-year term, to a maximum of six years. The term for the other panel members is three years, with the possibility of another three-year term, to a maximum of six years. No two panel members should leave the panel at the same time or within twelve months of each other, i.e. panel membership should be staggered so that there is continuity within the panel.

Information to be included in referrals to the Funding Arbiter

Is the question about a published review or protocol? 

If so, please give full details of the protocol or review, including contact details for all authors, and list all sources and amounts of funding. Please give full details of the funder to which this matter refers (i.e. name of funder, contact details, type of organisation, website), details of what the funds were used for, and whether the funds went to specific individuals or groups.

Is the question about a review title or protocol yet to be published? 

If so, please give full details of the title or protocol, including contact details for all authors, and list all sources, amounts and conditions of funding. Please give full details of the funder to which this matter refers (i.e. name of funder, contact details, type of organisation, website); details of what the funds were used for, and whether the funds went to specific individuals or groups.

Is the question about current funding of a Cochrane entity? 

If so, please give full details of the entity and its current funding sources and amounts; the contact details of the entity convenor or director; full details of the funder to which this matter refers (i.e. name of funder, contact details, type of organisation, website) and any conditions placed on the funding; details of what the funds were used for, and whether the funds went to specific individuals or groups.

Is the question about proposed funding of a Cochrane entity? 

If so, please give full details of the funder to which this matter refers (i.e. name of potential funder, contact details, type of organisation, website) and any conditions placed on the funding; details of the amount of funding and what the funds will be used for and to whom the funds will go (i.e. a named person or group). Also provide full details of the other sources and amounts of funding of the entity/group/person.

Job description

1.             General description

1.1         The position of Funding Arbiter was established in 2004 following the release of the new policy on commercial sponsorship in April 2004 by The Cochrane Collaboration.

1.2         The Funding Arbiter gives guidance on difficult issues referred to him/her with respect to the policy on commercial sponsorship. Where it is believed that an issue of funding contravenes the current policy, or where there is some doubt, these matters are to be referred to the Funding Arbiter. Referrals may also be made by those seeking advice on interpretation of the current commercial sponsorship policy. The Funding Arbiter convenes a Funding Arbitration Panel to consider difficult issues and to report to the Cochrane Collaboration Steering Group.

2.             Responsibilities

2.1         To convene the Funding Arbitration Panel. The Funding Arbitration Panel will be made up of four persons plus the Convenor. The Convenor (i.e. the Funding Arbiter) will be appointed by the Steering Group and will be a member of it. The other members of the Funding Arbitration Panel will be identified by the Funding Arbiter in consultation with the Co-Chairs of the Steering Group, and will be approved by the whole Steering Group, based upon a statement from the prospective candidate summarising relevant expertise and experience in relation to the remit of the position. The Funding Arbiter must be a member of the Steering Group, and at least one of the panel members must not be a member. Two other panel members may or may not be members of the Steering Group, and the fifth panel member must be from outside The Cochrane Collaboration.

2.2         To determine if referred questions are either:

2.2.1   An inquiry, which can be dealt with by the Funding Arbiter (for example, the Funding Arbiter may determine that the referral is clearly not in breach of the current commercial sponsorship policy, and may give a ruling to such an effect without referring to the full panel), or

2.2.2   A matter requiring a decision, which will be dealt with by the full Funding Arbitration Panel (for example, if the Funding Arbiter determines that the issue is equivocal, or if the issue will result in refusal of funding or the cancelling of a review or protocol, or is otherwise contentious, then the full Funding Arbitration Panel will consider the matter).

2.3         To give advice to members of the Collaboration who make an inquiry (see      2.2.1 above).

2.4         To rule on matters requiring a decision (see 2.2.2 above) after consultation with the Funding Arbitration Panel. The decision of the Funding Arbiter must have the agreement of the majority of panel members.

2.5         To report to the Steering Group – see 3.1 below.

3.             Accountability

The Funding Arbiter is accountable to the Steering Group and will report to it twice a year.

4.             Qualifications

4.1         The Funding Arbiter must be a current member of the Cochrane Collaboration Steering Group.

4.2         No specific qualifications are required.

4.3     The Funding Arbiter must have sufficient education, experience, and previous involvement with the Collaboration to warrant selection by the Steering Group.

5.             Recruitment process

The Funding Arbiter will work with the Co-Chairs of the Steering Group and the Chief Executive Officer to identify a suitable replacement from existing Steering Group members. Potential candidates should be nominated and seconded by existing members of the Steering Group, and the nomination should be approved by a majority of the Steering Group including the Co-Chairs.

6.             Term of position

6.1         The term of the Funding Arbiter is limited by their term on the Steering Group, i.e. three years, with the possibility of another three-year term, giving a maximum of six years.

6.2         The term for the other panel members is three years, with the possibility of another three-year term, giving a maximum of six years.

No two panel members should leave the position at the same time or within twelve months of each other, i.e. panel membership should be staggered to ensure continuity.