Navajo Nation Council delegates won't be talking out their differences in placing the speaker on paid administrative leave.
Speaker Johnny Naize says his colleagues' decision was invalid and denied him due process.
The Window Rock District Court referred the case to the tribe's peacemaking program, a traditional method of dispute resolution.
But only two of the 13 people Nez is suing agreed to peacemaking. Delegate Leonard Tsosie says some lawmakers saw peacemaking as futile after Naize rebuffed initial attempts at it. Naize later agreed to make a good faith effort to promote harmony among his colleagues.
The lack of complete participation means the case goes back to district court.
Lawmakers placed Naize on leave in April, months after he was charged in a criminal case. He has pleaded not guilty.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.