CHAPTER 2-5
PEACEMAKERS

2-5-1 Peacemakers Circle.

(A)    Purpose. The Peacemakers Circle shall have the responsibility for mediating disputes voluntarily submitted to them by the parties.

(B)    Appointment, Term and Removal. There shall be ten (10) Peacemakers who shall serve a term of four years. A Peacemaker may be removed by the General Council.

(C)    Peacemaker functions. The function of the Peacemakers Circle is to provide mediation services that offer and promote a non-adversarial way to resolve disputes by establishing and re-establishing justice through healing and restoring harmony to the parties, their families and the community. The Peacemaker Circle is intended to reflect the Nation’s tradition of using respected members of the community to heal conflicts. A Peacemaker may be used to resolve any dispute and/or any action pending in the District Court that is between tribal members or other parties who are subject to the jurisdiction of the District Court and that is not otherwise prohibited by this Code.

(D)    Further District Court Proceedings. The use of a Peacemaker shall foreclose any further proceeding(s) in the District Court as to the issues in dispute except for the following:

(1)    The enforcement of any award or decision of the Peacemaker;

(2)    Circumstances surrounding the original award or decision of the Peacemaker have substantially changed;

(3)    In the Peacemaker’s discretion, the Peacemaker believes the peacemaking process is not compatible with the issues presented.

(E)    Duties of the Peacemakers. Peacemakers shall mediate to resolve disputes between family members, neighbors, and others within the community. To do this, Peacemakers shall as needed:

(1)    Schedule and conduct informal conferences of the parties and participants to the dispute;

(2)    Provide adequate notice to the parties of the date, time and place such informal conferences may be held. Peacemaker conferences may be held in the District Court, community center or any location agreed upon by the parties and the assigned Peacemaker.

(3)    Ensure in each such conference that all relevant facts are presented and that all parties and participants have an opportunity to speak and are encouraged to do so;

(4)    Inform the Court and the parties to the dispute of any financial, family or legal conflict of interest on the part of the Peacemaker which may adversely affect her or his ability to fairly act and thus may cause the Peacemaker to recuse him or herself;

(5)    Encourage the parties to reach an agreement that is acceptable to each of them and that also tends to heal the conflict leading to the dispute;

(6)    Recess and reconvene such conferences in a timely manner as necessary to facilitate an agreement by the parties;

(7)    Reduce to writing the terms and conditions of the agreement between the parties and ensure that each party understands and signs the agreement. The Peacemaker shall also sign, date and file the original of the executed agreement with the Court. The court shall provide copies of the filed agreement to each party.

(8)    In the event the parties are unable to reach an agreement as to some or all of the issues in dispute or, if one or more parties refuses or fails to participate in good faith, the Peacemaker(s) may proceed to an award or decision which best reflects the Nation’s traditions and is in keeping with the concept of “restorative justice.” The Peacemaker shall file a written summary of such award or decision with the Court.

(9)    If requested to do so, the Peacemaker shall furnish the Judge with periodic written or oral reports of the status of such disputes that are pending for resolution before the Peacemaker.

(F)    Duty of Confidentiality.

(1)    Except for any documents filed with the Court, the Peacemaker assigned to a case shall keep confidential any information provided to him or her that arises out of or in connection with the peacemaking process, whether the information is given orally by the parties, in writing or otherwise.

(2)    The Peacemaker shall take appropriate measures to limit the dissemination of any confidential information relating to a case involved in Peacemaking.

(3)    The duty of confidentiality is continuous in nature and does not expire upon the termination of the case or the peacemaking process.

(4)    The Peacemaker shall inform and ensure the parties involved in the peacemaking process understand and agree to comply with their respective obligations relating to confidentiality.

(5)    Unless expressly authorized by the disclosing party, the Peacemaker shall not communicate to another party information that is disclosed in confidence to the Peacemaker.

(G)    Initiating Peacemaker Circle Proceedings.

(1)    Written Request. Any party to a dispute or action pending before the Court, who desires to have the dispute or action resolved by mediation through a Peacemaker, shall file a written request with the Court for referral to a Peacemaker.

(2)    The written request shall be completed in the presence of the Clerk of the Court or Judicial Administrator or notary public and shall set forth the following:

(a)    The name, address, and phone number of the party requesting referral to a Peacemaker.

(b)    The name, address and phone numbers of all parties to the dispute or action;

(c)    The court case number of pending action/s; if any, to which the party is requesting be referred to a Peacemaker for resolution;

(d)    A brief statement of facts as to the nature of the dispute and the relief which the party seeks;

(e)    An affirmation that the dispute does not involve the Nation as a party;

(f)    An acknowledgment that the party fully understands that the use of a Peacemaker is voluntary on the part of all parties and that use of a Peacemaker forecloses any further proceedings in the Court except as listed above in Section (D); and that any award or decision of the Peacemaker is final and not appealable to any Court; and

(g)    The specific Peacemaker (s) desired, if any, and if different from that selected by the requesting party.

(3)    A copy of the request for referral shall be served upon each of the parties named as a party to the dispute or action, in the same manner as provided pursuant to Chapter 4-3 of this Code with a brief description of the peacemaking process, the names of available Peacemakers and a consent form.

(4)    Consent Form. The respondent shall complete and file a statement consenting or not consenting to the use of the peacemaking process. The consent form shall be completed and filed with the Court within fifteen (15) days of service of the request for referral. The consent form shall be completed in the presence of the Clerk of the Court, Judicial Administrator or before a notary public and shall contain:

(a)    Any changes to the address and phone number of the party consenting to the process.

(b)    A brief statement as to the facts in dispute, if different from that of the party initially requesting relief, and the nature of the relief sought by the consenting party;

(c)    A statement that the dispute does not involve the Nation as a party.

(d)    An acknowledgment that the party fully understands that use of a Peacemaker is a voluntary undertaking by all parties, and that use of the peacemaking process forecloses any further proceedings in the court except as listed above in Section (D), and that any award or decision of the Peacemaker is final and not appealable;

(e)    The specific Peacemaker(s) desired, if any, and if different from that selected by the requesting party.

(H)    Assignment by Judge. When all the parties have consented in writing to the use of the peacemaking process and written consent/s have been filed with the Court, the Judge shall then assign the matter to the Peacemaker(s) agreed upon by the parties or if none has been agreed upon, to the next available Peacemaker(s) who shall schedule a conference and provide notice of the time, date and place of such conference to each of the parties.

(I)    No Representation by Legal Counsel. No party to a peacemaking conference may be represented by legal counsel at any such peacemaking conference(s).

(J)    Conclusion and/or Termination of Process.

(1)    The Peacemaker shall make a written summary of understanding reached by the parties which shall be signed by the parties and the Peacemaker. Any understanding reached by the parties as a result of the peacemaking process shall not be binding upon the parties nor admissible in court until it is reduced to writing, signed by the parties and filed with the court.

(2)    At any time during the peacemaking process, should the Peacemaker determine that the parties are unable or unwilling to resolve all of the issues in dispute, or if a party refuses to participate in good faith, or acts in a manner not conducive to harmonious resolution, the Peacemaker shall terminate the process and advise the court in writing of the termination.

(K)    Enforceability of Agreements, Awards and Decisions. All agreements, awards and decisions filed by the Peacemaker filed in Tribal Court pursuant to this Code shall be enforceable in the same manner as all other orders and judgments of the Tribal Court.

(L)    Appeals. No appeals shall be allowed from any peacemaking proceeding or from any agreement, award, or decision thereof.

(Amended by PBP TC No. 2008-156, July 2, 2008; amended by PBP TC No. 2009-107, May 26, 2009; amended by TC No. 2013-202, September 4, 2013)

(Enacted by PBP TC No. 92-56, Title 2, December 1992; amended by PBP TC No 92-68, December 1992; amended by PBP TC No. 99-36, March 16, 1999; amended by PPB TC No. 99-123, September 10, 1999; amended by PBP TC No. 2002-081, June 14, 2002; amended by PBP TC No. 2005-028, March 17, 2005; amended by PBP TC No. 2008-156, July 2, 2008 amended by PBP TC No. 2009-107, May 26, 2009; amended by TC No. 2013-202, September 4, 2013.)