MCI, which usually treats its credibility as a more precious resource (insert Worldcom snicker here, but it's true!), has proposed the dippiest negotiation process for the current "negotiate not litigate" period. MCI wants two state commissioners plus an FCC representative to sit in on the open interconnection agreement negotiation. Surely no lawyerly posturing would take place under these circumstances. Plus, it's hard to see why these spectactor/mediators have any legitimacy. This is a recipe for failure, which may be the point.
Some sort of mediator may well be a good idea. There do seem to be some natural bounds to these negotiations: current TELRIC rates as a floor and resale as a ceiling.
Paradoxically, the FCC and the SG fomenting uncertainty now about the next move with the Triennial should facilitate private negotiation.