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Fall - Saskatchewan Land Surveyors Association

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involves more than two parties. Where more than onemediator is utilized, it is important to ensure that the mediatorscan work together effectively. (excerpt from thewebsite of the Alberta Arbitration and Mediation Society- www. Aams.ab.ca)What are the <strong>Association</strong> costs?• Mediator fees and expenses.• Administrative costs.Who selects the mediator?• The Executive Director or any other party involved canput forward the name, or names, of possible mediators.• Parties must unanimously agree to the mediator.What if mediation does work?For the mediation process to work, it must end in a formalwritten agreement ratified by the practitioners and an undertakingto resolve all issues for affected parties. There shallbe documented confirmation, in general terms, of the outcomeof the mediation submitted to the Executive Directorand the parties. The Executive Director will be responsibleto follow up with the parties on the outcome. If the agreedupon outcome has not occurred within a reasonable amountof time, the case will be directed to Part II of the BoundaryResolution Process.What if mediation does not work or does not apply?The Executive Director must refer the matter to the BoundaryPanel.PART IIWhat is the intent of the Boundary Panel?To determine if a boundary uncertainty is best resolvedthrough section 9 of the Surveys Act or some other means.When would the Boundary Panel convene?The Boundary Panel would convene when mediation hasfailed, does not apply, or there is a referral from the ExecutiveDirector. If one or more parties do not participate theBoundary Panel may still convene. If there is an outstandingcomplaint against any of the parties relative to the matter inquestion, the Panel shall not deliberate on the issue.Who is on the Boundary Panel?Council shall appoint, by motion, members of the BoundaryPanel from which it shall appoint a chairman and/or one ormore vice-chairmen.The Panel shall have at least six members, one of whom maybe a public member and the others shall be Alberta <strong>Land</strong><strong>Surveyors</strong>. Three members shall constitute a quorum of thePanel. The term of appointment for Panel members is fiveyears.Appointments to be made to ensure a balance of expertise inareas such as urban land development, resource industries,general practice, RPR/construction, control surveying/ GPS.Appointments to be made to ensure a reasonable geographicbalance.What are the terms of reference of the Boundary Panel?1. Parties involved in the boundary uncertainty or allegederror in survey shall provide all of their research, fieldnotes, and any other documentation to the Panel in advanceof the meeting. The Panel may do any investigationthat it deems necessary.2. The Panel shall encourage a resolution that best ensuresthat a boundary uncertainty or alleged error in survey isresolved and may recommend solution by Section 9 orsome other means. The Panel may ask for additional surveywork to be performed by the surveyors involved.3. The Boundary Panel may recommend how the Alberta<strong>Land</strong> Surveyor(s) may resolve the boundary uncertaintyor alleged survey error but not express an opinion onwhere the boundary is.4. If the Boundary Panel recommends a Section 9, it shallmake such recommendation to Council so as to presentthe case advocating a Section 9 to the Director of Surveyson behalf of Council without providing Council withnames, facts, or specific information.5. Any sitting of the Boundary Panel may be recorded. Theextent of the record keeping of the Boundary Panel wouldbe determined by the Chairman.6. Subsequent to convening of the Boundary Panel, theChairman shall prepare a written report of the findings offact along with any recommendations made by the paneland keep the report on record for subsequent follow-up.7. <strong>Land</strong> owners, the Council of a Municipality, the Councilof the Alberta <strong>Land</strong> <strong>Surveyors</strong>’ <strong>Association</strong> or a Registrarof a <strong>Land</strong> Titles Office or the Metis Settlements<strong>Land</strong> Registry shall retain their right to request a Section9 Board of Investigation directly to the Director of Surveys.8. The Panel shall not award damages or costs.What are the <strong>Association</strong> costs?• The <strong>Association</strong> would be responsible for the expenses ofthe Panel members, including the public member.• The <strong>Association</strong> would be responsible for providing ameans of keeping accurate records.• Administrative costs. 274 SLSA Corner Post <strong>Fall</strong> 2006

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