Intercultural Dispute Resolution in Aboriginal Contexts

Intercultural Dispute Resolution in Aboriginal Contexts

By: David Kahane (editor), Catherine Bell (editor)Hardback

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Description

In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and "resolved" in formal legal settings and with an adversarial spirit, more conciliatory approaches -- negotiation, mediation, problem-solving, and arbitration -- are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet'suwet'en, Tsuu T'ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres Strait Islanders. With contributions from Aboriginal and non-Aboriginal theorists and practitioners, Intercultural Dispute Resolution in Aboriginal Contexts presents an array of insightful perspectives. This book will appeal to students and scholars of Aboriginal law and alternative dispute resolution; legal and political theorists; dispute resolution practitioners; and anyone involved in struggles around land claims, treaty, and self-government agreements in Canada or abroad.

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About Author

Catherine Bell is Professor of Law and David Kahane is Associate Professor in the Department of Philosophy. Both are at the University of Alberta.

Contents

Foreword / Paul Chartrand Acknowledgments Introduction / David Kahane and Catherine Bell Part 1: Theoretical Perspectives 1. Learning New Dances: Finding Effective Ways to Address Intercultural Disputes / Michelle LeBaron 2. What is Culture? Generalizing About Aboriginal and Newcomer Perspectives / David Kahane 3. Perceiving the World Differently / Dale Turner 4. Paths to Intercultural Understanding: Feasting, Shared Horizons, and Unforced Consensus / Natalie Oman 5. Commentary: When Cultures Collide / Julie MacFarlane Part 2: International Contexts 6. Navajo Peacemaking and Intercultural Dispute Resolution / Chief Justice Robert Yazzie 7. Cultural Conflict in Colonial Legal Systems: An Australian Perspective / Larissa Behrendt 8. The Waitangi Tribunal's Role in the Dispute Resolution of Indigenous (Maori) Treaty Claims / Morris Te Whiti Love 9. Commentary: Indigenous Dispute Settlement, Self-Governance, and the Second Generation of Indigenous Rights / Jeremy Webber Part 3: Canadian Contexts 10. Weche Teachings: Aboriginal Wisdom and Dispute Resolution / Elmer Ghostkeeper 11. Who Gets to Say What Happened? Reconciliation Issues for the Gitxsan / Val Napoleon 12. Reconciliation Devices: Using the Trust as an Interface Between Aboriginal and State Legal Orders / Richard Overstall 13. Parallel Justice Systems, or a Tale of Two Spiders / Dale Dewhurst 14. Commentary: Reconciling Our Memories in Order to Re-Envision Our Futures / N. Bruce Duthu Part 4: Issues of Design and Implementation 15. Indigenous Dispute Resolution Systems Within Non-Indigenous Frameworks: Intercultural Dispute Resolution Initiatives in Canada / Catherine Bell 16. What's Old is New Again: Aboriginal Dispute Resolution and the Civil Justice System / Diana Lowe and Jonathan H. Davidson 17. The Dispute Resolution Provisions of Three Northern Land Claims Agreements / Nigel Bankes 18. Commentary: Intercultural Dispute Resolution Initiatives Across Canada / Andrew Pirie Conclusion 19. A Separate Peace: Strengthening Shared Justice / John Borrows Contributors Index

Product Details

  • publication date: 31/03/2004
  • ISBN13: 9780774810265
  • Format: Hardback
  • Number Of Pages: 392
  • ID: 9780774810265
  • weight: 644
  • ISBN10: 0774810262

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