Litigation tends to be a protracted process-the original Oneida claim was filed in 1970. If we cannot reach a settlement that is good for the people of Madison and Oneida Counties, we are prepared to let the courts decide . Judge McCurn meets periodically with all the parties to assess the progress of negotiations. If, at any point, the Counties are not satisfied that mediation will lead to a fair outcome which protects our citizens, we are prepared to walk away from negotiations rather than be pressured into accepting a settlement that fails to support our basic principles. While we feel that negotiation is our best option, we are at the same time preparing for possible litigation.
Public involvement is an important component of the mediation process.
Any proposed settlement will have to be approved by the legislative bodies of both Counties, the New York State Legislature and Governor, and the U.S. Congress. These safeguards are meant to insure that all levels of our representatives are held accountable for the details of the settlement. At every juncture, the ratifying bodies will look to a settlement that has broad public support. The Supreme Court has ruled that the Oneidas have a legal right to pursue their land claim . The State of New York and the Oneida Nation entered into 26 treaties involving land from 1795-1846.