Returning to the Circle: The Reemergence of Traditional Dispute Resolution in Native American Communities

Source: (2007) Journal of Dispute Resolution. Volume 2007, Number 2: 517-540.

You have noticed that everything an Indian does is in a circle, and that is because the Power of the World always
works in circles, and everything tries to be round. . . . The Sky is round, and I have heard that the earth is round like a
ball, and so are all the stars. … ” Accordingly, large numbers of both victims and perpetrators of domestic violence and
sexual assault crimes are in need of services within the criminal justice system in all stages of the process, including law
enforcement, adjudication, sentencing, rehabilitation, and reintegration. … Over a two year period sixty-five offenders
completed the CHCH peacemaking circle program. … The peacemaking circle used in Hollow Water encourages direct
acceptance of responsibility, both inwardly and publicly, by requiring the offender to admit the wrongdoing to himself,
his family, the victim, and when the final sentencing circle is held, the general public. … Just as use of a peacemaking
circle to resolve disputes or decide on the sentence of a criminal offender facilitates a personalization and cultural relevance
in the method of dispute resolution, the imposition by these circles of traditional, community based sentences as
opposed to sentences more common to the mainstream American justice system illustrates the desire of tribal groups to
tailor the carriage of justice within their communities to culturally relevant ideals. … Developing peacemaking circle
programs also benefit from the growing alternate dispute resolution and restorative justice movements in western legal
context. (Authors Abstract)