The Yukon Dispute Resolution Board (“DRB”) provides and administers a comprehensive dispute resolution process to resolve disputes arising from the interpretation, administration or implementation of settlement agreements or settlement legislation and to facilitate the out-of-court resolution of disputes in a non-adversarial and informal atmosphere.
The DRB facilitates a two-stage process to address resolution of disputes. The first stage is mediation, if mediation does not lead the parties to a resolution of their dispute the matter may be referred to the second stage of binding arbitration.
The types of matters which can be referred to mediation are as follows:
- 18.104.22.168 any matter which the Umbrella Final Agreement refers to the Dispute Resolution process;
- 22.214.171.124 any matter which a Settlement Agreement, a Yukon First Nation self- government agreement or any other agreement between the parties to a Yukon First Nation Final Agreement refers to the dispute resolution process; and
- 126.96.36.199 any other matter which at any time all parties to a Settlement Agreement agree should be referred to the dispute resolution process whether or not related to a Settlement Agreement.
The dispute resolution process begins with a client or party making an application or request to the DRB. The Board of Directors then decides whether the issue is one that is within the mandate of the DRB. In preparation for the mediation, each of the parties will be expected to complete a Mediation Disclosure Form in which they will describe the issues of the mediation referral and provide copies of any documents that might assist the mediator and the other parties. The first four hours of the mediator’s fees shall be the responsibility of the DRB, thereafter, the mediator’s fees shall be borne equally by the parties to the mediation. The mediation session shall not exceed four hours unless the mediator and the parties to the dispute agree to continue with the process.
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