I feel terribly for everyone affected by this tragic case. I feel for this poor couple and their child, for they were clearly in the wrong place at the wrong time. I also know the history of the land claim that is the important back-story to this dispute, and empathize with the first nations claim and the position of the occupiers of the land.

I can’t help but wonder: why did the parties not call a mediator? Mediation is an important part of the conflict resolution culture of the Six Nations. It is also an important part of our litigation culture. A mediated dialogue could surely have resulted in some understanding, some form of accommodation that was good enough for all. Why did the protestors not propose mediation with Mr. Brown and Ms. Chatwell? If they did propose it, why did it not happen?

This story illustrates the impact extreme emotions can have on a negotiation, and how difficult they can make it for people to react rationally to difficult circumstances. I think it also underscores the profound cultural differences at stake here.

When I read about the altercations that occurred, I start to imagine the many other endings this story could have had. I have to believe there was a time, at the very beginning of this dispute, when Mr. Brown and Ms. Chatwell and the protestors could have sat down together, discussed their respective concerns, and arrived at a solution that was better for everyone than what ended up happening.

Why did this not happen? I do not understand.