Alternative dispute resolution (ADR) in Aboriginal contexts : Règlement extrajudiciaire des différends (RED) dans les contextes Autochtones

In addition to the plethora of “alternative” modes of resolution are the Indigenous paradigms, which call for the rejuvenation and use of Indigenous methods of resolving disputes. [...] By so doing, this paper will not only add to the literature that distinguishes between Indigenous paradigms of dispute resolution and the “indigenization” of the Western paradigm, but it will also inform ADR theorists and practitioners, whether Aboriginal or non-Aboriginal, of ways in which Indigenous and Western ADR paradigms may work cooperatively together to ensure the full realization of ADR w [...] For example, with respect to the power of men and women, Marie Wilson of the the Gitskan Wet’suwet’en Tribal Councils explains: …compare[s] the relationship between women and men to the eagle. [...] This is in contrast to characteristics of Aboriginal leadership described as the ability to “draw on your own personal resources as sources of power; value productivity, generosity, and non-materialistic resources; set an example; take the greatest risk needed for the good of the community; be modest and funny; minimize personality conflict and use humor to deflect anger; be aware of role models; [...] Of equal importance to the ADR and Indigenous dispute resolution process is “how” culture is included and perceived by the parties to the dispute.