Tåîchô Agreement
CHAPTER 6 DISPUTE RESOLUTION 6.1
GENERAL
6.1.1
Before invoking a court process to resolve a dispute of the following type, a party to the dispute shall, in accordance with any rules of the administrator, attempt to resolve the dispute through discussion and by mediation under 6.4: (a) any matter which the Agreement stipulates may be resolved in accordance with this chapter; (b) a dispute between government and the Tåîchô Government concerning the interpretation or application of the Agreement; or (c) any matter which an agreement between government and the Tåîchô Government stipulates may be resolved in accordance with this chapter or may be dealt with under 6.4.
6.1.2
Where a Tåîchô Citizen has a right of action in relation to the Agreement, the Tåîchô Government may, with the consent of the Tåîchô Citizen, bring that action on behalf of the Tåîchô Citizen.
6.1.3
The parties to a dispute referred to in 6.1.1 may at any time resolve their dispute by an agreement in writing. Notification of any such agreement shall be provided to a Party who is not a party to the dispute and to the administrator when mediation or arbitration is underway.
6.1.4
During discussions under 6.1.1 and mediation under 6.4, all communications concerning the dispute shall be “without prejudice”. For the purposes of such discussions or mediation, the parties to a dispute shall treat documents or communications as confidential unless they agree otherwise. The report of a mediator shall be confidential unless the parties to the dispute agree otherwise.
6.1.5
Where the mediation process under 6.4 applies to a matter, no other mediation process provided by law applies, and where the arbitration process under 6.5, 6.6 or 6.7 applies to a matter, no other arbitration process provided by law applies.
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