ICC's Mediation Process

Stage 1	Request for Mediation A First Nation or Canada requests mediation services.
Stage 2	Agreement by the Parties The parties agree to use ICC mediation services.
Stage 3	Mediation The mediator will host meetings, set timetables, assign tasks, facilitate negotiations, or assist in breaking through impasses.
Stage 4	Coordination of Studies When requested, the ICC coordinates loss-of-use studies.
Stage 5	Mediation Report While respecting the confidentiality of all the parties involved, the Commission releases a brief report on the mediation process and ensuing results of the negotiations.

Mediation is a consensual way of resolving disputes. In this process, a neutral third party, the mediator, assists the parties to reach a settlement that each of them can accept.

Mediation can advance negotiations by:

• narrowing the issues in dispute;
• helping the parties reach an agreed-upon settlement; or
• providing independent advice on a particular issue.

The mediator facilitates discussions by bringing the two sides together to examine the issues in dispute and the particular interests, needs, and concerns of each side. Out of the discussions emerge options for a binding settlement.

The Indian Claims Commission provides broad mediation services at any stage of the claims process, and at the request of both the First Nation and the Government of Canada. Together with the mediator, the parties decide how the mediation process will be conducted. This method ensures that the process fits the unique circumstances of each particular negotiation.

The Commission’s mediation services can include:

• arranging for and chairing negotiation meetings;
• coordinating joint studies (e.g., loss-of-use studies);
• monitoring the parties’ decisions and following up on their undertakings; and
• providing or arranging for mediation on specific issues when the parties have reached an impasse.

The Indian Claims Commission provides facilitative mediation services that are culturally sensitive, informal, non-threatening and flexible.

Open discussion among equal parties conducted under these four conditions can promote a healthy dialogue and a better understanding and relationship between the parties. In this atmosphere, settlements are easier to reach and can successfully reflect the needs and interests of each of the parties.

The Commission has provided mediation/facilitation services on 50 files since its creation in 1991.