A preference for
negotiation over litigation provides an invaluable opportunity for governments and traditional owner groups to ensure that native title determinations respond as far as possible to the development needs of the native title claimant group rather than just the demands of the legal system.
The failure of the Commonwealth government to respond to the many calls to increase the funding of NTRBs is not only contrary to the government's own policy of preferring
negotiation over litigation, it is also contrary to its human rights obligations.
As indicated in my discussion of State and Territory policies (96) a preference for
negotiation over litigation provides an invaluable opportunity for governments and traditional owner groups to ensure that native title agreements respond to policies directed to the economic and social development of the native title claim group rather than to the demands of the legal system.
As indicated in my previous discussions of State and Commonwealth policies, their preference for
negotiation over litigation is the first step in ensuring that native title agreements can be directed to the broader policy goal of addressing the economic and social development of the native title claim group rather than the demands of the legal system.
As the Native Title Report 2003 detailed, a common theme of state and federal native title policies as they currently exist is a preference for
negotiation over litigation.180 This agreement - focus provides an invaluable opportunity for governments and traditional owner groups to ensure that native title agreements respond as far as possible to the economic and social development needs of the native title claimant group rather than just the demands of the legal system.
Not exact matches
«Resolution of the amended returns may require
negotiations or
litigation extending
over a number of years.»
EU - US
negotiations on the Transatlantic Trade and Investment Partnership (TTIP), which are taking place in Brussels this week, would give corporations
litigation rights
over national parliaments, meaning any policy which loses them money will be severely punished in the arbitration tribunals.
The plan to close Indian Point, which would take place
over the course of the next four years, was announced earlier this year by Cuomo and came as the product of years of
negotiations and even
litigation with the plant owner, Entergy.
Over many years of practice Caitriona has also gained the specialist knowledge and experience necessary for the successful
negotiation and
litigation of accident at work cases.
For
over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and
litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining
negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.
He has
over 35 years of experience handling complex construction matters involving contract procurement,
negotiation, financing, and commercial - related dispute resolution and
litigation.
Trivial observations (e.g., long lists of Member States that have at any one time been involved in access to documents
litigation without any convincing conclusion following from such an enumeration) are succeeded by confused conceptualisations (e.g., the EU institutions are introduced twice as a distinct category of actor), or even outright overdramatization, such as when the authors argue that «[a] t one stroke, any authority of the Member States -LSB-...]
over the release of documents transmitted to the EU was set aside [by Regulation 1049/01]» (p. 216), but neglect to mention that the Member States as legislators in the Council agreed to this revision themselves, or that the Council engaged in successive internal
negotiations to settle the question of what was to be considered a «Member State document».
The attorneys at Leist Warner have
over 30 years combined arbitration,
litigation and
negotiation experience.
As a Practice Group Leader, he manages
over 20 lawyers in nine offices across the United States while maintaining a broad environmental practice involving
negotiation of real estate and corporate transactions, administrative and judicial
litigation, regulatory enforcement defense, and development and implementation of corporate sustainability policies.
Over the course of his career, Matthew has advised and represented federal agencies, developers and manufacturers, and environmental non-profit organizations in strategy,
negotiations, policy, permitting, and
litigation.
Over time separate
negotiation and
litigation specialties can be expected to deepen.
Our funding process - from initial intake and
negotiation of a term sheet, through due diligence, execution of funding agreements, and implementation
over the life of the
litigation - has been developed, and is conducted with, the highest ethical standard of performance in mind.
The authors have well
over 100 years combined experience in construction
litigation and contract
negotiation, along with prior office and field experience in engineering, construction and accounting.
He has protected the rights of Arizona residents for
over 30 years through knowledgeable and astute counseling, hard
negotiations, and skilled and tenacious
litigation in both jury and bench (judge) trials.
Reduce clients
litigation costs by 89 %
over the course of 3 years, through experienced
negotiations.
The chart balances items like cost, whether a third party is involved, parties» control
over outcome and client involvement with the legal processes available, from direct
negotiations to mediation to
litigation.
Previous Native Title Reports have commented on the Commonwealth's respondent funding scheme, 81 noting its effect in hardening the positions of those who already have their interests protected in any event, 82 and its seeming encouragement of
litigation over negotiation.83 During the consultations, an NTRB in Queensland expressed frustration at the inequality created when mining and other companies are financed directly by the Attorney - General, putting NTRBs (and therefore the traditional owners they represent), with limited funding as described above, at a disadvantage when appearing in arbitration hearings about the doing of future acts.
As outlined in the Native Title Report 200345 the native title policies of both federal and state levels of government encourage
negotiations with Indigenous groups rather than
litigation over areas of land subject to native title.
[t] hrough the Article on self - determination, the Declaration recognises the entitlement of Indigenous peoples to have control
over their destiny and to be treated respectfully... We support Indigenous peoples» aspirations to develop a level of economic independence so they can manage their own affairs and maintain their strong culture and identity... We also respect the desire, both past and present, of Indigenous peoples to maintain and strengthen their distinctive spiritual relationship with lands and waters... [and][w] here possible, the Australian Government encourages land use and ownership issues to be resolved through mediation and
negotiation rather than
litigation.
Meanwhile, lenders remain tied up in
litigation and contentious
negotiations with Fannie Mae, Freddie Mac, and the FHA
over loans that went bad during the market collapse.