Intercultural Dispute Resolution in Aboriginal Contexts
392 pages, 6 x 9
7 b&w illustrations
Paperback
Release Date:01 Jan 2005
ISBN:9780774810272
Hardcover
Release Date:21 Apr 2004
ISBN:9780774810265
PDF
Release Date:01 Oct 2007
ISBN:9780774850957
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Intercultural Dispute Resolution in Aboriginal Contexts

UBC Press

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.

Bell and Kahane should be congratulated for bringing together such diverse views and voices. This is a significant and welcome collection that should grace the bookshelf of any serious conflict theorist attempting a level of competency in intercultural conflict, not only in the Aboriginal/non-Aboriginal context, but more generally. Colleen Hanycz, Osgoode Hall Law Journal, Vol. 43, No. 3
Readers who are not directly involved in or interested to research either Alternative Dispute Resolution (ADR) or First Nations/Aboriginal issues, might be inclined to take no notice of this stellar volume edited by Catherine Bell and David Kahane. To ignore the volume would be a mistake for any scholar interested in conversations about multiculturalism, recognition, institution-building, democracy, liberalism, process design, and pluralism… I was pleased to find that this complex and thorough volume fulfilled each level of reading I might undertake. It avoids many of the problems often inherent to edited collections, and takes care as well to provide essays that are self-reflective and thoughtful about complex issues of generalization, voice, and neutrality. These essays work very well together, and the volume itself is coherent, enjoyable, and refreshing. I highly recommend it. Renee Ann Cramer, Assistant Professor of Political Science, California State University at Long Beach
Catherine Bell is Professor of Law and David Kahane is Associate Professor in the Department of Philosophy. Both are at the University of Alberta.

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

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