Cooler Heads Prevail in Mediation of Native American Disputes

Posted By , Nov 10, 2014

For the second time this year, a federal judge has ordered rival Native American factions to mediation in the wake of armed conflict.  On Friday, October 10, U.S. District Judge Lawrence O'Neill ordered the central valley's Chukchansi Gold Resort & Casino closed after members of one faction entered the casino with weaponry, attempting to collect boxes of records.  More than five hundred gamblers deserted the casino, some leaving their winnings behind.  At a subsequent hearing on Wednesday, October 15, Judge O'Neill expressed reluctance to impose settlement negotiations, stating that he did not anticipate a positive outcome.  But two hours later, the judge reversed course after attorneys for all three factions identified common ground and agreed to mediation.  Madera County Sheriff John Anderson, whose department responded to the October 9 confrontation, stated that this was the first time he had seen adverse parties readily agree to talk through their differences.  While the factions have not yet reached an agreement, negotiations are ongoing.

A similar, yet unrelated conflict developed earlier this year between two factions of the Paskenta Band of Nomlaki Indians in northern California.  On June 9, self-identified tribal police armed with assault weapons, acting at the behest of four ousted tribal council members, attempted to force a closure of the Rolling Hills Casino in Corning.  A weeklong standoff ensued, after which U.S. District Judge Kimberly Mueller imposed a temporary restraining order barring weapons from tribal property.  Rather than close the casino, however, Judge Mueller ordered the parties to mediation.  After negotiating for three days, including a twelve-hour mediation session, the rival factions agreed to hold a new election at which all members—including those previously deposed—would enjoy voting rights and full tribal benefits.  They further agreed that a neutral third party would supervise the election, and that no tribal disenrollment would occur beforehand.  Judge Mueller approved the agreement on July 7.