Alternative Dispute Resolution (ADR) in Aboriginal Contexts: A Critical Review

Prepared by Wenona Victor (Stó:lo Nation), PhD Student
Prepared for Canadian Human Rights Commission
April 2007

"Balance is based on the understanding that all forms of life and all peoples are intrinsically complementary, and will flourish if the domain of each is perceived and respected"
(Marsden, as cited in Oman, 2004:83).

The opinions expressed in this report are those of the author and do not necessarily reflect the views of the Canadian Human Rights Commission.

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Table of Contents

Abstract

Introduction

Challenges to ADR Processes in Aboriginal Contexts

Issues of Power
Language Barriers
Cultural Differences
Cultural Exploitation
Aboriginal Women’s Voices

Differing Worldviews

Two Worlds Colliding
Worldview Differences
Aboriginal Wisdom and Western Scientific Knowledge
Relationship Building in "Indian" Time
The Idea of Universality at Work in ADR Processes

Two ADR Paradigms

Conceptual Diagram

Conclusion

References

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