Report on Alternative Dispute Resolution in Aboriginal Contexts

The Canadian Human Rights Commission has just posted a new report on its website entitled Alternative Dispute Resolution (ADR) in Aboriginal Contexts: A Critical Review:

"In relation to disputes involving Aboriginal peoples, there appear to be three emerging modes of alternative resolution processes. One mode involves Western-based paradigms such as negotiation, conciliation, arbitration and mediation. A second mode involves Indigenous paradigms, which call for the rejuvenation and reclamation of ways in which disputes may be resolved according to the culture and custom of the Indigenous party involved. Due to the diversity and distinctiveness of Aboriginal peoples across the continent, Indigenous methods of dispute resolution are not easily summarized into categories. Rather, they are reflective of the Indigenous teachings from which they come and therefore may be different from one Aboriginal nation to another. A third mode is a combination of the two paradigms".

"All three modes, however, share similar challenges. Whether using an Indigenous paradigm, a Western one or a combination of the two, issues of power, cultural differences, language barriers and the effects and impacts of colonialism need to be addressed. This paper examines several of these common challenges. It examines differing worldviews in relation to dispute settlement and conceptualizes the Indigenous paradigms and Western paradigms based upon these worldview differences. By so doing, this paper will not only add to the literature that distinguishes between Indigenous paradigms of dispute resolution and the "indigenization" of Western paradigms, it will also inform ADR theorists and practitioners. In particular, it will inform them of ways in which Indigenous and Western ADR paradigms may work cooperatively together while simultaneously protecting and respecting worldview and cultural differences".