How is a dispute between a mineral owner and an oil and gas company resolved?
Disputes between mineral owners and oil and gas companies can be resolved through negotiation, mediation, arbitration, or through the court system. The Pennsylvania Oil and Gas Act requires that disputes be first negotiated in good faith, and if the parties are unable to reach an agreement, then either party may submit the dispute to non-binding mediation. This process involves each party explaining their position and allowing a third-party mediator to suggest solutions to the dispute. If the parties cannot solve the dispute through mediation, then either party may choose to submit the dispute to binding arbitration. This is a process whereby a neutral third-party arbitrator hears each party’s arguments and renders a legally binding decision. Finally, if mediation and arbitration do not provide an acceptable resolution, then a dispute can be taken to court. The court system will typically require that the parties exhaust their other options first, but if arbitration and mediation do not provide a suitable resolution then a civil lawsuit may be necessary. The court process involves each party submitting evidence, testimony, and legal arguments in order to resolve the dispute. The outcome is then determined by a judge or jury. Overall, when resolving disputes between mineral owners and oil and gas companies, the best course of action is to attempt to negotiate an agreement in good faith. If this is unsuccessful, mediation or arbitration can be pursued, and if these processes fail, then a court hearing may be necessary.
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