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Indigenous Dispute Resolution Systems Within Non-Indigenous Frameworks: Intercultural Dispute Resolution Initiatives in Canada.

Bell, Catherine
June 4, 2015

Source: (2004) In Catherine Bell and David Kahane, eds, Intercultural Dispute Resolution in Aboriginal Contexts. Vancouver: University of British Columbia Press. Pp. 241-279.

The purpose of this chapter is to review indigenous community-based dispute resolution process negotiated within the broad parameters of the ADR movement – a movement that includes a vast array of consensual and command decision models of dispute resolution as an alternative to litigation. Examples are drawn primarily from models discussed at the forum and panel presentations. I begin the reflections on the challenges and opportunities of developing contemporary dispute resolution processes based on community and cultural values. This is followed by a discussion of the ADR movement and some opportunities and challenges it offers for the inclusion of Aboriginal culture and values in the resolution of disputes. Bicultural tribunals and boards established under land claims and self-government agreements, dispute resolution mechanisms under the Nisga’a Treaty and specialty First Nation courts are the main examples used to develop these themes. (excerpt)


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