Sentences with phrase «title mediation process»

Third party respondents are sometimes perceived as seeking unreasonable outcomes in the native title mediation process, which can delay the resolution of a claim that may otherwise be agreed between the major parties.

The recommendations included funding and establishing an accredited national network of Indigenous process experts including mediators, facilitators and negotiators; the incorporation of Indigenous expertise into native title mediation processes and support for the development of Indigenous expertise and the development of specific native title national standards and / or a code of ethical conduct which addresses the roles and responsibilities of all parties.

Not exact matches

This company brings together leading service providers who conduct all stages of due diligence for art transactions, from provenance research, title checks, forensic checks, KYC and background checks on buyers and sellers, to assistance with the sales process, reputation management and specialist assistance to resolve any disputes through mediation, other forms of ADR and litigation.

The 14 - page guide begins with basic definitions of family mediation and mediation in general, along with a graph titled How Does Mediation Compare to Other Family Law Pmediation and mediation in general, along with a graph titled How Does Mediation Compare to Other Family Law Pmediation in general, along with a graph titled How Does Mediation Compare to Other Family Law PMediation Compare to Other Family Law Processes?

Dispute Resolution mechanisms; discussion of types of dispute resolution mechanisms, eg arbitration vs mediation; private mediator vs native title processes or court processes; provision of mechanisms to deal with discrimination throughout the project; provision of mechanisms for resolving disputes over whether social responsibility undertakings met; mechanisms for disputes over implementation of company undertakings (including when company leaves the area); dispute resolution for Indigenous disputes;

The native title system has imposed court - managed mediation processes, framed by a litigious approach and driven by the imperatives of processing the broader claim.

In most cases, claim group members are the only people not paid to participate in the mediation process and so need to take leave from their regular employment to mediate their native title claim.

Our capacity to effectively participate in mediation is further exacerbated by the requirement for us to understand technical legal language and follow complicated rules and processes set out in the Native Title Act.

The report also pointed out that, although the government's assessment of native title for the purposes of s 87 NTA should be guided by legal principles, it should also be mindful of the context in which the assessment occurs, «that of negotiation and mediation pursuant to a «special» process provided under the Act».

Government attitude towards negotiation has been a concern in Western Australia where the Office of Native Title has been reluctant in particular cases to engage in the mediation process both in terms of meaningful input and physical presence at formal mediation sessions convened by the Tribunal.

The CQ ILUA template provides for options on how native title and cultural heritage issues may be resolved in the claims resolution process and also provides for an innovative approach to future mediation through the introduction of «other outcomes».32

The Report to the Government of Western Australia of Review of the Native Title Claim Process in Western Australia («Wand Review»)[39] observed that the ability of the native title applicant to participate effectively in negotiation and mediation depended on the resources available to the native title applicants, and in particular to their relevant representative boTitle Claim Process in Western Australia («Wand Review»)[39] observed that the ability of the native title applicant to participate effectively in negotiation and mediation depended on the resources available to the native title applicants, and in particular to their relevant representative botitle applicant to participate effectively in negotiation and mediation depended on the resources available to the native title applicants, and in particular to their relevant representative botitle applicants, and in particular to their relevant representative bodies.

While I appreciate that the intent of the amendments are to make the process more efficient, I am concerned that the conferral of these powers on the NNTT are contrary to the role that mediation plays in the resolution of native title proceedings.

These include the work of Reconciliation Australia on Indigenous governance, which is currently being further developed with the preparation of an Indigenous governance toolkit; 2 research projects being undertaken on agreement making processes, most notably through the development of an agreements database through the University of Melbourne; 3 and the Indigenous mediation and facilitation project which will shortly conclude and that has been run by the Native Title Research Unit of the Australian Institute of Aboriginal and Torres Strait Islander Studies.

The mediation and negotiation processes guided by the Native Title Act and ILUA regulations met the requirements of Western law, while the conduct of particular ceremonies at the mine site met the responsibilities of Indigenous traditional law.

The mediation and negotiation processes guided by the Native Title Act and Indigenous Land Use Agreement regulations met the requirements of Western law, while the conduct of particular ceremonies at the mine site met the responsibilities of Indigenous traditional law.

It is ironic that while native title involves processes of mediation and negotiation, lateral violence is still a significant barrier to achieving native title outcomes.

Without these I am concerned that mediation by the tribunal will not be as effective as increasing the role of the Federal Court in applying alternative dispute resolution processes to native title proceedings.