ii.
If the AFN representative and senior representative of the Proponent are
unable to reach a negotiated resolution within an agreed upon or
otherwise reasonable time, the matter shall be referred to mediation. The
mediator shall be an individual mutually agreed upon by the parties. The
mediator shall attempt to reach a mediated resolution within 60 days of
the date of conduct of the mediation or such other time period as may be
agreed among the parties.
iii.
If the parties are unable to agree to a mediator or if they are unable to
reach a resolution as a result of mediation, then, the matter shall be
referred to arbitration. The arbitration body shall be composed of one
person, if the parties are able to agree to one person; if not, then, each
party shall name one arbitrator and the two shall name a third impartial
arbitrator. The arbitrator(s) shall make a decision on the dispute within 90
days of the date of conduct of the mediation or such other time period as
may be agreed among the parties.
iv.
In the event of an issue arising that requires either mediation or arbitration,
it is expected that the Crown will be a party to and shall actively
participate in the process. Where the Crown, either federally, provincially
or both as appropriate, fails or refuses to participate, it will be up to AFN
or the Proponent jointly or severally to determine whether to proceed with
alternative dispute resolution or to refer the matter to the appropriate
court for an order requiring Crown participation.
v. The Proponent shall bear all costs of dispute resolution.
Alderville First Nation Consultation Protocol — 17