Download or read book Intercultural Dispute Resolution in Aboriginal Contexts written by Catherine Bell and published by UBC Press. This book was released on 2007-10-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The essays are international in scope, with examples of efforts 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. With contributions from Aboriginal and non-Aboriginal theorists and practitioners, Intercultural Dispute Resolution in Aboriginal Contexts presents an array of insightful perspectives. 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 struggles around land claims, treaty, and self-government agreements in Canada or abroad.

Download or read book Mediation in the Asia Pacific Region written by Dale Bagshaw and published by Routledge. This book was released on 2009-09-10 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.

Download or read book Intercultural Deliberation and the Politics of Minority Rights written by R.E. Lowe-Walker and published by UBC Press. This book was released on 2018-01-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Achieving socio-political cohesion in a community with significant ethnic, cultural, and religious diversity is a difficult challenge in contemporary liberal democracies. In the quest for neutrality, public policies and institutions shaped by the needs of the majority can inadvertently marginalize minority interests. Minority groups must therefore translate their desire for cultural recognition into terms that, ironically, often minimize cultural difference. Intercultural Deliberation and the Politics of Minority Rights examines the relationship between this minority rights paradox and cultural difference, building a compelling case for an inclusive approach to navigating minority rights claims. R.E. Lowe-Walker’s intercultural deliberation is designed to mitigate the injustices imposed by majority norms. Instead of asking what the liberal state can tolerate, she asks how our understanding of difference affects our interpretation of minority claims, shifting the focus from how to limit difference toward inclusive deliberations. This important work thus serves as a measure of social justice and a vehicle for social change.

Download or read book The Routledge Handbook of Intercultural Mediation written by Dominic Busch and published by Taylor & Francis. This book was released on 2022-11-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.

Download or read book Authenticity in Culture Self and Society written by J. Patrick Williams and published by Routledge. This book was released on 2016-12-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across sociology and cultural studies in particular, the concept of authenticity has begun to occupy a central role, yet in spite of its popularity as an ideal and philosophical value authenticity notably suffers from a certain vagueness, with work in this area tending to borrow ideas from outside of sociology, whilst failing to present empirical studies which centre on the concept itself. Authenticity in Culture, Self, and Society addresses the problems surrounding this concept, offering a sociological analysis of it for the first time in order to provide readers in the social and cultural sciences with a clear conceptualization of authenticity and with a survey of original empirical studies focused on its experience, negotiation, and social relevance at the levels of self, culture and specific social settings.

Download or read book Handbook of Research on Strategic Communication Leadership and Conflict Management in Modern Organizations written by Normore, Anthony and published by IGI Global. This book was released on 2019-03-08 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: As communication and leadership skills are both essential for personal and organizational success, new approaches and management styles are continuously being sought. Emerging technologies, automation opportunities, and a diverse workforce are just a few of the challenges business professionals must be prepared for in today’s workplace environment. The Handbook of Research on Strategic Communication, Leadership, and Conflict Management in Modern Organizations provides emerging research exploring the theoretical and practical aspects of managing and solving conflicts, and introduces updated approaches for refining communication and leadership skills. Featuring coverage on a broad range of topics such as emotional intelligence, organizational crises, and virtual team management, this book is ideally designed for professionals, leaders, managers, and human resource specialists seeking current research on developing the skills and consciousness needed to effectively communicate, negotiate, and collaborate in diverse organizations.

Download or read book Dispute Management written by Pauline Collins and published by Cambridge University Press. This book was released on 2021-08-26 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.

Download or read book Gender and Justice in Multicultural Liberal States written by Monique Deveaux and published by OUP Oxford. This book was released on 2006-11-30 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.

Download or read book Alternative Dispute Resolution for Disputes Related to Intellectual Property and Traditional Knowledge Traditional Cultural Expressions and Genetic Resources written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-04-01 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief introduces how alternative dispute resolution offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources.

Download or read book Conflict Culture and Communication written by Stefanie Stadler and published by Routledge. This book was released on 2019-08-12 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict, Culture and Communication provides a coherent, research-informed overview of conflict and intercultural communication. Aimed at encouraging and enabling conflict prevention, this book contributes to a better understanding of the factors that create, foster and exacerbate conflict in intercultural interaction and discusses how conflict can be handled, managed and resolved once it has manifested. Furthermore, this book: Critically assesses the repercussions of prevalent conflict management approaches, providing insights into best practices and sustainable conflict resolution outcomes. Combines insights from multiple disciplines and cultures, including Asia, Europe, Oceania, and North and South America, in order to arrive at a holistic and balanced understanding of the complexities inherent in negotiating conflict across cultural contexts. Avoids cultural stereotyping by discussing both between-culture variation and within-culture variation. Conflict, Culture and Communication is essential reading for students and researchers of applied linguistics, communication studies and international business, as well as anyone interested in learning more about this growing area.

Download or read book The International Ombudsman Yearbook Volume 7 2003 written by International Ombudsman Institute and published by BRILL. This book was released on 2005-10-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Ombudsman Yearbook is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. The International Ombudsman Yearbook contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and all persons with an interest in the institution. Compiled and edited by the International Ombudsman Institute, the organisation composed of over 130 ombudsman members located worldwide, the Yearbook will be of interest to lawyers, scholars, ombudsman office personnel, and government entities wherever ombudsman offices are located or contemplated. The International Ombudsman Institute is a non-profit organisation whose objects include promotion of the concept of ombudsmanship, encouragement and support of research in the ombudsman field, development of educational programmes associated with ombudsmanship conferences, and provision of a resource centre for storage and dissemination of information about the ombudsman institution.

Download or read book Unsettling the Settler Within written by Paulette Regan and published by UBC Press. This book was released on 2010-12-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2008 the Canadian government apologized to the victims of the notorious Indian residential school system, and established a Truth and Reconciliation Commission whose goal was to mend the deep rifts between Aboriginal peoples and the settler society that engineered the system. Unsettling the Settler Within argues that in order to truly participate in the transformative possibilities of reconciliation, non-Aboriginal Canadians must undergo their own process of decolonization. They must relinquish the persistent myth of themselves as peacemakers and acknowledge the destructive legacy of a society that has stubbornly ignored and devalued Indigenous experience. Today’s truth and reconciliation processes must make space for an Indigenous historical counter-narrative in order to avoid perpetuating a colonial relationship between Aboriginal and settler peoples. A compassionate call to action, this powerful book offers all Canadians – both Indigenous and not – a new way of approaching the critical task of healing the wounds left by the residential school system.

Download or read book Indigenous Conflict Management Strategies written by Akanmu G. Adebayo and published by Lexington Books. This book was released on 2014-04-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: We know that since the end of the Cold War, conflicts in non-Western countries have been frequent, frequently violent, largely intra-state, and protracted. But what do we know about conflict management and resolution strategies in these societies? Have the dominant Western approaches been transplantable, suitable, effective, durable, and sustainable? Would conflicts in non-Western societies be better handled by the adaptation and adoption of customary, traditional, or localized mechanisms of mitigation? These and similar questions have engaged the attention of scholars and policy-makers. Indigenous Conflict Management Strategies: Global Perspectives is offered as a global compendium on indigenous conflict management strategies. It presents diverse perspectives on the subject. Fully aware of the tendency in the literature to over-generalize, over-romanticize, and over-criticize the localized and customary mechanisms, the book takes a slightly different approach. It presents a variety of traditional conflict management approaches as well as several cases of the successful integration of the indigenous and Western strategies in the contemporary period. The main features, strengths, challenges, and weaknesses of a multitude of indigenous systems are also presented.

Download or read book Culture in the Domains of Law written by René Provost and published by Cambridge University Press. This book was released on 2017-02-02 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

Download or read book Let Right Be Done written by Hamar Foster and published by UBC Press. This book was released on 2011-11-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."

Download or read book The Settlement of International Cultural Heritage Disputes written by Alessandro Chechi and published by . This book was released on 2014 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported art objects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may be settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the available means of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and means of increasing interaction between them by the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the 'common rules of adjudication'). Ultimately the book argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would be conducive to the development of a wider body of international cultural heritage law.

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008-01-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities. The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Contributors include Andrée Lajoie, Minnawaanagogiizhigook (Dawnis Kennedy), Ghislain Otis, Ted Palys and Wenona Victor, Paulette Regan, and Perry Shawana. Common threads linking the essays include the relationship between Indigenous and Canadian legal orders, the importance of Indigenous legal traditions for Aboriginal communities’ autonomy, and the ways in which these traditions might be recognized and given space in the Canadian legal landscape. In its examination of different aspects of and models for the recognition of Indigenous legal orders, this book addresses important issues relating to legal pluralism. It will be of interest to a wide audience including lawyers and legal academics, teachers, students, policy makers, and members of Aboriginal communities.