Intercultural Dispute Resolution in Aboriginal Contexts /

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 adversar...

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Bibliographic Details
Main Authors: Bankes, Nigel, Behrendt, Larissa, Bell, Catherine, Borrows, John, Chartrand, Paul, Davidson, Jonathan H., Dewhurst, Dale, Duthu, N. Bruce, Ghostkeeper, Elmer, Kahane, David, LeBaron, Michelle, Love, Morris Te Whiti, Lowe, Diana, Macfarlane, Julie, Napoleon, Val, Oman, Natalie, Overstall, Richard, Pirie, Andrew, Turner, Dale, Webber, Jeremy, Yazzie, Robert
Format: Text
Language:English
Published: 2024
Subjects:
Arctic
inuit
Metis
Online Access:http://lawcat.berkeley.edu/record/1287347
https://doi.org/10.59962/9780774850957
https://www.degruyter.com/isbn/9780774850957
Description
Summary: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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