VI.              COMMUNICATIONS & CONFIDENTIALITY

 

Separate Communications

         The Peacemaker and/or Traditional Program Specialist may meet and communicate separately with naałchidí and atah naaldeehí before and during the peacemaking.  Individual life value engagements are very beneficial in conveying knowledge about hózh̨óji naat’aah in order to facilitate a resolution when peacemaking takes place. 

Confidentiality

         In order to promote candid discussion, the privacy of participants in hózh̨óji naat’aah and life value engagements is protected.  Participants’ contacts with the Peacemaker, Traditional Program Specialist and other program staff are confidential except where child abuse or neglect is reported and some action needs to be taken.  Confidentiality does not apply in these cases.

         Not unlike information discussed in mediations, no aspect of hózh̨óji naat’aah or life value engagement may be introduced or relied on in any legal, administrative or other proceedings, including but not limited to:

1.      Views spoken;

2.      Admissions made;

3.      Responses made;

4.      Emotions expressed;

5.      Disclosure of any sensitive information;

6.      Willingness or unwillingness to reach an agreement.

         Confidentiality does not extend to the signed peacemaking agreement in hózh̨óji naat’aah.  The naałchidí and atah naaldeehí may be required by a court or agency to explain the meaning of the agreement’s terms. 

 

VII.          DUTY TO REPORT NEGLECT & ABUSE

         As with any agency, Program staff have a duty to immediately report abuse and neglect of children, vulnerable adults and elders to appropriate agencies and law enforcement that have not previously been reported.[1] 

         Meanwhile an impacted family who asks the Program to help them address familial problems generally and restore hózh̨ó by their own initiative may be provided such services. Services may continue to be provided to the family so long as a protection proceeding has not commenced or the responsible protection agency has not requested otherwise.  If services have been stopped, they may later be given upon referral of the responsible agency or, if proceedings have begun, upon court referral.   

  

VIII.       COMPLAINTS/GRIEVANCES

1.         Voluntary Participation.  Participation in peacemaking and other Program services is entirely voluntary.  The yeel provided to community-based peacemakers is a traditional practice to show appreciation for getting help, and not to be regarded as hiring a person.  By signing the consent form, participants acknowledge that they will not seek any compensatory-type damages from Program staff and peacemakers who are acting within their duties as peacemakers, from whom they are receiving help.

2.         Basis of Grievance.  At the outset, it should be made clear to participants that the role of the peacemaker in traditional hózh̨óji naat’aah is not to act as a neutral and disengaged mediator.  In both hózh̨óji naat’aah and life value engagement, the peacemaker is dynamically engaged, and may well scold, cajole, persuade, plead and educate through stories toward readiness to open up, listen, share, and confront hóóchx̨o’/anáhóót’i’.  This shall not be the basis of a grievance.

3.         Speak with Program Coordinator For Informal Resolution within 5 Working Days.  A participant wishing to complain about a peacemaker or Program staff is directed to speak with the Peacemaking Program Coordinator. The Coordinator may informally address the verbal complaint with the participant and the person about whom the complaint is made within the next five (5) working days.

4.         Submit Written Complaint Within 10 Working Days After Contacting Program Coordinator. If no informal resolution can be reached within five (5) working days of the verbal complaint, the complaint can be submitted more formally in writing to the Peacemaking Program Coordinator within ten (10) working days of the verbal report having been made. The written complaint or grievance should include a description of the incident, date, time, and persons involved in the complaint. 

5.         Response within 10 Working Days. After receiving the grievance, the Peacemaking Program Coordinator shall then respond within ten (10) working days of the date that the grievance was signed and submitted.

6.         Submit Written Letter to Chief Justice.  If the grievant is not satisfied with the outcome of discussion or response from the Peacemaking Program Coordinator, he or she is directed to submit a written letter to the next higher level of administration, which is the Chief Justice.

 

 

 

 



[1] 9 N.N.C.  §§1117(A), 1807, and 1905.