The Indian Trade and Intercourse Act of 1790 states that purchases of Indian lands are not valid without Federal consent. The Oneidas contend that they have a valid claim to lands in the land claim area because New York State had allegedly failed to obtain Federal consent for the purchase of certain lands in Oneida and Madison Counties. While the lawsuit still exists, last December Judge Neal McCurn ordered the parties to work together to negotiate a settlement. Mediating parties can choose to address any issue, not just the ones framed by the lawsuit. Parties also can shape the terms of the settlement rather than rely on the decisions of judges and juries.
Mediation allows more creative and complete solutions.
Numerous communities facing similar Indian land claims have opted to pursue mediation as opposed to litigation. 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.