Yes, but this time, it'd be explicit, including details - who decides, how quickly, etc.

You mean like a legal contract?

I'm genuinely unsure of what you're getting at here.

A legal contract is not explicit. There usually aren't any details about any court and its procedures, any dates regarding the court, nothing. A legal contract is implicit - relies on the legal system (that is complex and changes often). Making a truly explicit legal contract is way harder than it should be - and impossible in most countries.

How does a smart contract with a human stage fix that?

There can be varying degrees of human involvement. The smart contract could say "a human decides" - and a human decides. But the contract could describe bounds that the human has, limits on how much time he has, etc. The point of smart contract is that if it really is "a human decides", it's explicit - and I wouldn't enter such contract. Instead I'd ask the other party to be more specific and integrate better escrow service that has more specific contracts.

So you want smart contracts with human elements in them so you can reject them for better smart contracts with less human elements?

I don't want anything, I'm just saying what a smart contract is - a 100% explicit contract that has many possibilities including varying degrees of human involvement - all up to the contract itself. People have different tastes.