Kitsumkalum Agreement-in-Principle
17.
A Party not directly engaged in the Disagreement may participate in the collaborative
negotiations by giving written notice to the other Parties, preferably before the collaborative
negotiations commence.
18.
If the Parties have commenced negotiations in the circumstances described in subparagraph
7.c), then, for all purposes under this Chapter, those negotiations will be deemed collaborative
negotiations.
19.
Collaborative negotiations terminate in the circumstances set out in Appendix J-1.
Stage Two: Facilitated Processes
20.
Within 15 days of termination of collaborative negotiations that have not resolved the
Disagreement, a Party directly engaged in a Disagreement, may require the commencement of a
facilitated process, by delivering notice to the other Parties.
21.
Notice under paragraph 20:
a)
will include the name of the Party or Parties directly engaged in the Disagreement and a
summary of the particulars of the Disagreement; and
b)
may propose the use of a particular facilitated process described in paragraph 24.
22.
Upon receiving a notice under paragraph 20, a Party directly engaged in the Disagreement will
participate in a facilitated process described in paragraph 24.
23.
A Party not directly engaged in the Disagreement may participate in the facilitated process by
giving written notice to the other Parties within 15 days of delivery of a notice under paragraph
20.
24.
Within 30 days after delivery of a notice under paragraph 20, the Parties directly engaged in the
Disagreement will attempt to agree to use one of the following processes:
a)
mediation under Appendix J-2;
b)
technical advisory panel under Appendix J-3;
c)
neutral evaluation under Appendix J-4; or
d)
any other non-binding dispute resolution process assisted by a Neutral,
and if they fail to agree, they will be deemed to have selected mediation under Appendix J-2.
25.
A facilitated process terminates:
a)
in the circumstances set out in the applicable Appendix; or
b)
as agreed by the participating Parties, if an Appendix does not apply.
Negotiating Conditions
26.
In order to enhance the prospect of reaching agreement, the Parties participating in collaborative
negotiations or a negotiation component of a facilitated process will:
a)
at the request of a participating Party, provide timely disclosure of sufficient information
and documents to enable a full examination of the subject matter being negotiated;
b)
make every reasonable effort to appoint negotiating representatives with sufficient
authority to reach an agreement, or with ready access to such authority; and
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