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Negotiated Settlement Process (NSP)
The Independent Assessment Process (IAP) allows for claims to be settled through a negotiated settlement process (NSP) between the parties (Canada and the claimant) rather than at a hearing, provided both parties agree to enter the NSP.
What is NSP?
NSP is the settlement of an IAP claim through negotiation between the parties, and without any adjudicated hearing.
Settlements can be negotiated only by claimants represented by a lawyer. Self-represented claimants are not eligible for the Negotiated Settlement Process.
Who requests a NSP?
Depending on the facts of the claim, a lawyer can request an NSP â€“ this is where the claimantâ€™s lawyer and the Government of Canada negotiate to find a settlement amount that all Parties are satisfied with. Requests are made directly to the Government of Canada, who reviews the file and contacts the claimantâ€™s lawyer directly if Canada is open to attempting a negotiation. The Government of Canada has to validate credibility and establish an appropriate compensation settlement.
Who notifies the Indian Residential School Adjudication Secretariat (Secretariat) about the NSP?
If the parties agree to enter the NSP, the Secretariat receives notification from Canadaâ€™s representatives. The Case Management Unit prepares an Evidentiary Package containing all documentation currently on file as submitted by both parties, regardless of whether Schedule D requirements have been met, and provides the package to both parties. While a claim is active in the NSP, the parties are still obliged to continue the collection of any outstanding mandatory documents. The documents are directly shared between the parties, as well as with the Secretariat, for record-keeping purposes and in the event that the negotiation is unsuccessful and an adjudicated IAP hearing is required.
When documentation is complete (meets the Schedule D requirements) during the course of the NSP, the Case Management Unit will contact the claimantâ€™s lawyer to offer the option of scheduling a hearing. If the negotiation process is discontinued, the claim returns to the adjudication process.
For more information please call the Independent Assessment Process (IAP) Toll Free Information Line:
24 Hour Crisis Line 1-866-925-4419
March 24, 2014