Appendix J-4
Neutral Evaluation
Definitions
1.
In this Appendix:
a) "Chapter" means the Dispute Resolution Chapter of the Final Agreement;
b) "Party" means a participating Party to a neutral evaluation under this Appendix;
and
c) "Section" means a Section in this Appendix.
General
2.
A neutral evaluation commences on the date that the Parties directly engaged in the
Disagreement have agreed in writing to use neutral evaluation under paragraph 24 of the
Chapter.
Appointment of Neutral Evaluator
3.
A neutral evaluation will be conducted by one person jointly appointed by the Parties.
4.
A neutral evaluator will be:
a) experienced or skilled in the subject matter or issues of the Disagreement; and
b) independent and impartial.
5.
If the Parties fail to agree on a neutral evaluator within 21 days after commencement of a
neutral evaluation, 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 neutral evaluator may employ
reasonable and necessary administrative or other support services.
Requirement to Withdraw
7.
At any time a Party may give a neutral evaluator and the other Parties a written notice,
with or without reasons, requiring the neutral evaluator to withdraw from the neutral
evaluation on the grounds that the Party has justifiable doubts as to the neutral evaluator's
independence or impartiality.
8.
On receipt of a written notice under Section 7, the neutral evaluator must immediately
withdraw from the neutral evaluation.
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 that relationship to a Member.
End of Appointment
10.
A neutral evaluator's appointment terminates if:
a) the neutral evaluator is required to withdraw under Section 8;
b) the neutral evaluator withdraws from office for any reason; or
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