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Report

Intervention strategies in native title mediation

Publisher
Native Title Mass media Indigenous Australia
Resources
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apo-nid1619.pdf 784.21 KB
Description

Since its establishment in 1994 the Tribunal has developed a body of practices to mediate native title claims. Substantially these practices follow an orthodox model of mediation, however a range of intervention strategies has emerged which relate specifically to the mediation of native title claims and reflect conditions that are particular to this type of mediation.

This paper identifies three interrelated themes that influence the development of the Tribunal’s mediation practices for native title claims. They are:

• the mediator has dual functions as:
• a strategic manager involved in shaping the regional working environment for the mediation of individual native title claims or clusters of claims, and
• the mediator of individual native title claims
• the demand for the mediator‐manager is a product of the complex nature of native title and the time span required for multi‐party mediations, and
• mediation practices and intervention strategies have been shaped significantly by how the processes for proving native title are managed within mediation.

Publication Details