ICC's Mediation Process
As directed by Order in Council P.C. 2007-1789, the Commission must cease all its activities, including those related to mediation, by March 31, 2009. Stage 1 | Preparation for Mediation The Commission reviews the claim being negotiated and brings representatives of the negotiating parties together face-to-face to discuss the issues and terms of the negotiation and mediation protocol agreements. | Stage 2 | Negotiation Process The Commission facilitates discussions on compensation, assists the parties by coordinating the gathering of information including land appraisals and joint loss of use studies, and monitors the parties’ decisions and undertakings. | Stage 3 | Settlement When and after the negotiating parties reach an agreement in principle, lawyers for the First Nation and Canada work together to draft a final settlement agreement which is initialled by the negotiators and ratified by both parties. | Stage 4 | Final Mediation Report The Commission reports to the federal government, the First Nation and the public on the outcome of the negotiation. |
Mediation is a consensual way of resolving disputes. In this process, a neutral third party, the mediator, assists the parties to reach a settlement that each of them can accept. Mediation can advance negotiations by: - narrowing the issues in dispute;
- helping the parties reach an agreed-upon settlement; or
- providing independent advice on a particular issue.
The mediator facilitates discussions by bringing the two sides together to examine the issues in dispute and the particular interests, needs, and concerns of each side. Out of the discussions emerge options for a binding settlement. The Indian Claims Commission provides broad mediation services at any stage of the claims process, and at the request of both the First Nation and the Government of Canada. Together with the mediator, the parties decide how the mediation process will be conducted. This method ensures that the process fits the unique circumstances of each particular negotiation. The Commission’s mediation services can include: - arranging for and chairing negotiation meetings;
- coordinating joint studies (e.g., loss-of-use studies);
- monitoring the parties’ decisions and following up on their undertakings; and
- providing or arranging for mediation on specific issues when the parties have reached an impasse.
The Indian Claims Commission provides facilitative mediation services that are culturally sensitive, informal, non-threatening and flexible.
Open discussion among equal parties conducted under these four conditions can promote a healthy dialogue and a better understanding and relationship between the parties. In this atmosphere, settlements are easier to reach and can successfully reflect the needs and interests of each of the parties. The Commission has provided mediation/facilitation services on 50 files since its creation in 1991. |
