Part 10 - Dispute Resolution

214. The parties shall at all times endeavour to agree on the interpretation, application and implementation of this Agreement and shall make every attempt through co-operation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect this Agreement.
     
     
215. Immediately following the onset of the dispute concerning any matter referred to in clause 214, a meeting shall be held between the parties to attempt in good faith to negotiate a resolution.
     
     
216. If the parties fail to resolve the dispute within 30 days from that meeting, they agree to use a mediator to assist in resolving the dispute.
     
     
217. In the event of mediation:
     
     
     1. the parties shall jointly select a mediator. If after 30 days the parties are unable to agree upon the selection of a mediator, then the parties shall request that the ADR Institution of Ontario or similar institute select a mediator; and
        
        
     2. the parties agree to participate in good faith in the mediation process.
        
        
218. Subject to clause 220, if the parties are unable to resolve the dispute within 60 days of the selection of a mediator the parties shall submit the dispute to arbitration.
     
     
219. Prior to selecting an arbitrator and referring the dispute to arbitration, the parties shall decide whether the decision of the arbitrator shall be binding or non-binding.
     
     
220. Despite clause 219, any dispute:
     
     
     1. concerning the value of compensation relating to an interest in First Nation land expropriated by Canada shall be determined by binding arbitration;
        
        
     2. concerning the Intergovernmental Transfer Agreement shall be addressed through non-binding arbitration; and
        
        
     3. as set out in clause 172, shall be determined by binding arbitration.
        
        
221. Where the parties are unable to agree upon the selection of an arbitrator, after having considered the selection for a period of 15 days, the parties shall request that the ADR Institution of Ontario or similar institute select an arbitrator.
     
     
222. The arbitration procedure shall be:
     
     
     1. the Commercial Arbitration Code, which is a schedule to the Commercial Arbitration Act;
        
        
     2. if no appropriate procedural provision is in that Commercial Arbitration Code, the parties in dispute may adopt an appropriate procedural provision in force from time to time in some other jurisdiction; and
        
        
     3. if neither clause 222(a) nor clause 222(b) are appropriate, the arbitrator shall establish the procedures of the arbitration.
        
        
223. Except as may be agreed to by the parties, the arbitrator shall issue a written decision within 30 days of completion of the arbitration hearing.
     
     
224. Any objection by a First Nation to a proposed expropriation under clause 78 that has been referred to neutral evaluation shall be evaluated and a report submitted by the neutral evaluator to the First Nation and Canada within 60 days of the referral to the neutral evaluator.
     
     
225. If a dispute is referred to neutral evaluation, the evaluator shall where appropriate:
     
     
     1. identify the issues in the dispute;
        
        
     2. assess the strengths and the weaknesses of each party's case;
        
        
     3. structure a plan for the progress of the case;
        
        
     4. encourage settlement of the dispute; and
        
        
     5. provide the parties with a non-binding opinion or recommendation to resolve the dispute.
        
        
226. The parties agree to appoint individuals to act as mediators, arbitrators or neutral evaluators who are unbiased and free from any conflict of interest relative to the matter in issue and have knowledge or experience to act in the appointed capacity.
     
     
227. The parties agree that they shall each be responsible for the costs of their own legal counsel, expert reports, and personal travel. Fees and expenses of the mediator (or arbitrator or third party neutral) and all administrative costs of the dispute resolution process, such as the cost of the hearing room, if any, shall be borne equally by the parties.
     
     
228. Any person whose interests may be adversely affected by a dispute that is referred to a dispute resolution process may participate in the process, if the person pays the costs of his or her participation, unless otherwise agreed by the parties.
     
     
229. The parties agree that they shall indemnify and save harmless the mediator, arbitrator, or neutral evaluator from all costs, claims, causes of action or proceedings which they have, may now have, or might have in future, respecting and arising from this mediation, arbitration, or neutral evaluation.