Description
Book SynopsisIn 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
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
