Choctaw Nation Peacemakers
The Choctaw Nation is proud of our heritage and history of resolving disputes and differences outside the traditional judicial court system. The Peacemaker option is a type of mediation alternative to court disputes that uses Choctaw customs and traditions in the resolution process.
About the Choctaw Nation Peacemaking Process
The purpose of the Choctaw Nation Peacemakers option is to provide a forum for the use of traditional Choctaw peacemaking methods to resolve disputes in a fair, informal and inexpensive manner.
Parties to a dispute wishing to enter the Peacemaker process may file a written request with the district court asking that their dispute be heard by a peacemaker.
If both parties agree, the District Court judge can order them to do Peacemaker Court. No legal counsel can be present.
The District Court of the Choctaw Nation of Oklahoma has the authority to assign cases to and supervise the activities of any peacemaker appointed.
Peacemaker Jurisdiction and Authority
Peacemakers have jurisdiction over any matter referred to them by the District Court of the Choctaw Nation of Oklahoma if all parties to the dispute agree to be bound by the decision of the peacemaker. If a peacemaker determines that the peacemaking process cannot produce an agreed upon resolution of the matter, the peacemaker shall transfer the case back to the District Court, which shall resume jurisdiction over the case.
A peacemaker shall neither force a party to resolve a disputed matter, nor have authority to adjudicate a matter that the parties cannot resolve through voluntary agreement.
A peacemaker is permitted to use any reasonable process or method of working with the parties to resolve their dispute as long as force, violence, threats or compulsion are not used. The basic rights of the parties shall be respected by the peacemaker and all parties during the peacemaking process.
Integrating Tribal Traditions and Customs
A peacemaker may use cultural traditions and customs of the Choctaw Nation, including but not limited to present-day religious teachings, in the peacemaking process if the peacemaker reasonably believes that such use will further the objective of voluntarily resolving a dispute. Peacemakers may also consult with tribal elders regarding tribal customs and traditions as an aid to furthering the resolution process
Statements made by any party during the peacemaking process shall be considered statements made during settlement negotiations and shall not be admissible in any court proceedings.
