Alternative Dispute Resolution and Aboriginal- Crown Reconciliation in Canada

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ALTERNATIVE DISPUTE RESOLUTION AND ABORIGINAL-CROWN RECONCILIATION IN CANADA

Roshan Danesh and Jessica Dickson

This paper explores the question of why Alternative Dispute Resolution (ADR), and mediation in particular, is not being used more in the quest for reconciliation in Canada. Roshan Danesh and Jessica Dickson focus on issues related to reconciliation regarding lands and resources – as distinct from the many other social, cultural, and economic dimensions of reconciliation. Their analysis reveals two types of answers. First, there are particular factors regarding the challenge of reconciliation itself – including its nature and meaning in cross-cultural contexts – that complicate and challenge the use of ADR. Second, are the limits of how ADR, and mediation in particular, is often conceived and constructed. This case study illustrates a need to re-examine the fundamentals of what ADR does and might mean for major societal projects, such as advancing reconciliation.

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ALTERNATIVE DISPUTE RESOLUTION AND ABORIGINAL-CROWN RECONCILIATION IN CANADA

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