DISPUTE RESOLUTION Mediation of On the direction of Mandatory NNTT, Currently, the NNTT conducts claims the Federal Court, Federal the majority of mediations claims are mediated Court or because it has the resources. prior to any external There is no meaningful determination of mediator difference in how the NNTT and native title. Federal Court mediate claims. It would be preferable to consolidate the mediation function within the Federal Court, which would align responsibility for managing claims to resolution with the resources to do so. Case The Federal Court Mandatory Federal Federal Court case management management case manages all Court has been very effective is native title claims. driving claims to resolution. It Federal Court case is appropriate that this function management may continue to be performed by the incorporate Federal Court. mediation of claims. Negotiation of Parties may request Discretionary NNTT or Cannot be performed by the ILUAs NNTT assistance to private Federal Court except in negotiate ILUAs provider connection with resolution of a claim. Further consideration should be given to whether this function should be performed on a fully or partially recovered basis Mediation of On request from Mandatory NNTT or Cannot be performed by the future acts parties, mediate private Federal Court. Although a among parties to provider mandatory function, if a cost assist in obtaining recovery regime were their agreement on implemented, consideration a proposed future could be given to extending it to act mediation of ILUAs to send appropriate price signals
DISPUTE RESOLUTION Mediation of claims On the direction of the Federal Court, claims are mediated prior to any determination of native title. Mandatory NNTT, Federal Court or external mediator Currently, the NNTT conducts the majority of mediations because it has the resources. There is no meaningful difference in how the NNTT and Federal Court mediate claims. It would be preferable to consolidate the mediation function within the Federal Court, which would align responsibility for managing claims to resolution with the resources to do so. Case management The Federal Court case manages all native title claims. Federal Court case management may incorporate mediation of claims. Mandatory Federal Court Federal Court case management has been very effective is driving claims to resolution. It is appropriate that this function continue to be performed by the Federal Court. Negotiation of ILUAs Parties may request NNTT assistance to negotiate ILUAs Discretionary NNTT or private provider Cannot be performed by the Federal Court except in connection with resolution of a claim. Further consideration should be given to whether this function should be performed on a fully or partially basis Mediation of future acts On request from parties, mediate among parties to assist in obtaining their agreement on a proposed future act Mandatory NNTT or private provider Cannot be performed by the Federal Court. Although a mandatory function, if a cost recovery regime were implemented, consideration could be given to extending it to mediation of ILUAs to send appropriate price signals recovered
strategic_review_ag.docx