Intercultural Dispute Resolution in Aboriginal Contexts

Intercultural Dispute Resolution in Aboriginal Contexts

by Catherine Bell
     
 

View All Available Formats & Editions

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,

Overview

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. They are international in scope, with examples of efforts (some successful, some not) 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. They have been written by theorists and practitioners, and by Aboriginals as well as non-Aboriginals. The book is divided into four sections: theoretical perspectives, international contexts, Canadian contexts, and issues of design and implementation. Each offers a focused examination from several different viewpoints.

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 land claims, treaty, and self-government agreements in Canada or abroad.

University of Washington Press

Product Details

ISBN-13:
9780774810265
Publisher:
University of Washington Press
Publication date:
05/01/2004
Pages:
384
Product dimensions:
6.40(w) x 9.20(h) x 1.30(d)
Age Range:
18 Years

What People are saying about this

June McCue

This book makes a significant contribution to the field. It is comprehensive, scholarly, diverse, and respectful of both indigenous and non—indigenous views.

Paul Chartrand

This book offers invaluable insights to the reader. It belongs on the shelf of every student, scholar, or practioner with an interest in alternative dispute resolution and Aboriginal issues.

Catherine Morris

This is an important book that should be read by anyone involved in negotiations between Aboriginal and non—Aboriginal people, as well as anyone involved in any kind of public policy work.

Meet the Author

Catherine E. Bell is a professor of law and Associate Dean of Graduate Studies and Research. David Kahane is an associate professor in the Department of Philosophy. Both are at the University of Alberta.

University of Washington Press

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >