Your group has decided to go into direct negotiations – now what?  For many groups, direct negotiations can be a daunting prospect.  Here are some tips to make sure you are prepared from the outset.

Understand The Stages Of The Process

It is important to understand the key stages of the settlement process.  The Crown can be flexible and negotiations can depart from the usual stages … but here are some of them:

Mandating

The process by which the mandate of the claimant group representatives is conferred by the claimant group and recognised by the Crown.

Terms of Negotiation

The Terms of Negotiation, if required, set out the basis upon which negotiations will take place between the claimant group and the Crown.

Agreement-in-Principle

This non-binding agreement can form the basis of further discussion with the claimant group and other overlapping groups.

Deed of Settlement

This is the final Crown offer to the claimant group for the settlement of their historical grievances.  Mandated representatives initial a Deed of Settlement to indicate to the wider claimant group that they believe the Crown’s final offer should be accepted.

Ratification and Implementation

If a sufficient majority of claimant group members ratify the initialed Deed of Settlement, the mandated representatives sign the Deed of Settlement.  Once a new governance entity is ratified by the claimant group and established, the Crown introduces enacting legislation for the settlement.

Consider Your Options

The Crown over recent months has shown flexibility with the types of settlements it has been involved in, and examples of these are set out in the “Recent Negotiations” article on our website.  It is important to clarify what your claimant group’s goals are and the best way to achieve these goals.

The Right Representatives

It is important to identify representatives who can seek and carry the mandate for the claimant group.  Is there an existing organisation which represents the claimant group, and has the flexibility to make decisions about the negotiations?  Or will your group need to select new representatives?  The Office of Treaty Settlements has requirements about whether it will recognise the mandate of an organisation or individuals to represent the claimant community.

Organisation

It is important to be organised from the outset.  You will need a communications strategy to ensure that the claimant community is kept informed, and good administration support to cope with all the documentation required.

Key People

With the amount of organisation involved in a Treaty settlement, it is important to choose carefully who your key people will be – such as your negotiators and project manager.

At Rainey Collins we can help you plan your negotiations … and get you where you want to be.