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Intercultural Dispute Resolution in Aboriginal Contexts

Intercultural Dispute Resolution in Aboriginal Contexts


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About the Book

The past two decades have seen a burgeoning of theoretical and popular interest in appropriate forms of dispute resolution. Given perceived deficiencies in adversarial, court-centered responses to conflict, there has been a search for forms of dispute resolution less costly in both social and economic terms. However, notwithstanding their growing appeal, alternative forms of dispute resolution raise serious questions of justice. Does a move away from formal legal process threaten the impartiality and fairness of outcomes? How are concepts of justice and approaches to dispute resolution inflected by culture, and how can approaches to alternative dispute resolution (ADR) take seriously the challenges of intercultural justice, understanding, and negotiation? These questions are particularly pressing in processes designed and implemented in the context of Aboriginal land claims, treaties, and self-government agreements, and in connection with court-based institutions in indigenous communities. The opportunities, challenges, uncertainties, and concerns around ADR in Aboriginal contexts are intensely practical and also have extensive theoretical dimensions. The essays in this volume engage the reader in these issues from the perspective of Aboriginal and non-Aboriginal scholars and practitioners. This volume also makes available reflections on the constraints of institutionalized problem solving and provides practical insight into the effectiveness of specific dispute resolution models adopted in Canada, Australia, and the United States. It also offers examples of indigenous dispute resolution philosophies and systems, and explores the critical issue of whether it is possible to design ADR processes that empower indigenous communities given the impact of colonization. The first collection of its kind, Intercultural Dispute Resolution in Aboriginal Contexts offers much needed guidance to scholars, lawyers, negotiators, dispute resolution practitioners, and others concerned with dispute resolution in Aboriginal contexts.

Table of 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

About the 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.


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Product Details
  • ISBN-13: 9780774810265
  • Publisher: University of British Columbia Press
  • Publisher Imprint: University of British Columbia Press
  • Height: 229 mm
  • No of Pages: 392
  • Width: 152 mm
  • ISBN-10: 0774810262
  • Publisher Date: 21 Apr 2004
  • Binding: Hardback
  • Language: English
  • Weight: 640 gr


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