Appendix J-2
Mediation
Definitions
1.
In this Appendix:
a) "Chapter" means the Dispute Resolution Chapter of the Final Agreement;
b) "Party" means a participating Party to a mediation under this Appendix; and
c) "Section" means a Section in this Appendix.
General
2.
A mediation commences on the date the Parties directly engaged in the Disagreement
have agreed in writing to use mediation, or are deemed to have agreed to use mediation,
under paragraph 24 of the Chapter.
Appointment of Mediator
3.
A mediation will be conducted by one mediator jointly appointed by the Parties.
4.
A mediator will be:
a) an experienced and skilled mediator, preferably with unique qualities or
specialized knowledge that would be of assistance in the circumstances of the
Disagreement; and
b) independent and impartial.
5.
If the Parties fail to agree on a mediator within 15 days after commencement of a
mediation, the appointment will be made by the Neutral Appointing Authority on the
written request of a Party that is copied to the other Parties.
6.
Subject to any limitations agreed to by the Parties, a mediator may employ reasonable
and necessary administrative or other support services.
Requirement to Withdraw
7.
At any time a Party may give the mediator and the other Parties a written notice, with or
without reasons, requiring the mediator to withdraw from the mediation on the grounds
that the Party has justifiable doubts as to the mediator's independence or impartiality.
8.
On receipt of a written notice under Section 7, the mediator must immediately withdraw
from the mediation.
9.
A person who is a Kitsumkalum Member, or related to a Kitsumkalum Member, must not
be required to withdraw under Section 7 solely on the grounds of being a Kitsumkalum
Member or of that relationship to a Member.
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