Intercultural Dispute Resolution in Aboriginal Contexts

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 ...

See more details below
Hardcover
$84.60
BN.com price
(Save 10%)$94.00 List Price
Other sellers (Hardcover)
  • All (4) from $92.24   
  • New (2) from $123.93   
  • Used (2) from $92.24   
Sending request ...

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

Read More Show Less

What People Are Saying

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.

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.

Read More Show Less

Product Details

  • ISBN-13: 9780774810265
  • Publisher: University of British Columbia Press
  • Publication date: 5/1/2004
  • Pages: 392
  • Product dimensions: 5.98 (w) x 9.02 (h) x 1.28 (d)

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

Read More Show Less

Table of Contents

Foreword--Paul ChartrandAcknowledgmentsIntroduction--David Kahane and Catherine BellPart 1: Theoretical Perspectives1. Learning New Dances: Finding Effective Ways to Address Intercultural Disputes--Michelle LeBaron2. What Is Culture? Generalizing about Aborginal and Newcomer Perspectives--David Kahane3. Perceiving the World Differently--Dale Turner4. Paths to Intercultural Understanding: Feasting, Shared Horizons, and Unforced Consensus--Natalie Oman5. Commentary: When Cultures Collide--Julie MacfarlanePart 2: International Contexts6. Navajo Peacemaking and Intercultural Dispute Resolution--Chief Justice Robert Yazzie7. Cultural Conflict in Colonial Legal Systems: An Australian Perspective--Larissa Behrendt8. The Waitangi Tribunal's Role in the Dispute Resolution of Indigenous (Maori) Treaty Claims--Morris Te Whiti Love9. Commentary: Indigenous Dispute Settlement, Self-Governance, and the Second Generation of Indigenous Rights--Jeremy WebberPart 3: Canadian Contexts10. Weche Teachings: Aboriginal Wisdom and Dispute Resolution--Elmer Ghostkeeper11. Who Gets to Say What Happened? Reconciliation Issues for the Gitzsan--Val Napoleon12. Reconciliation Devices: Using the Trust as an Interface between Aboriginal and State Legal Orders--Richard Overstall13. Parallel Justice Systems, or a Tale of Two Spiders--Dale Dewhurst14. Commentary: Reconciling Our Memories in Order to Re-Envision Our Future--N. Bruce DuthuPart 4: Issues of Design and Implementation15. Indigenous Dispute Resolution Systems within Non-Indigenous Frameworks: Intercultural Dispute Resolution Initiatives in Canada--Catherine Bell16. What's Old Is New Again: Aboriginal Dispute Resolution and the Justice System--Diana Lowe and Jonathan H. Davidson17. The Dispute Resolution Provisions of Three Northern Land Claims Agreements--Nigel Bankes18. Commentary: Intercultural Dispute Resolution Initiatives across Canada--Andrew PirieConclusion19. A Separate Peace: Strengthening Shared Justice--John BorrowsContributorsIndex

University of Washington Press

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)