Resources and publications

Displaying 1 to 20 of 24 results.
Title Author /s Summary Date Tag(s) Type
A Toolkit for Developing Community-based Dispute Resolution Processes in First Nations Communities Canada Human Rights Commission

The Canadian Human Rights Commission (the Commission) created this toolkit to offer assistance to First Nations governments that want to address discrimination complaints in their communities using a community-based dispute resolution process.

Capacity building, Dispute management, Leadership Report
Against Native Title Dr Eve Vincent

'Against native title' is about a divisive native title claim in the town of Ceduna where the claims process has thoroughly reorganised local Aboriginal identities over the course of the past decade. The central character in this story is senior Aboriginal woman Sue Haseldine, who, with her extended family, have experienced native title as an unwelcome imposition: something that has emanated from the state and out of which they gained only enemies. But this is not simply a tale of conflict. Threaded throughout is the story of a twice-yearly event called 'rockhole recovery'; trips that involve numerous days of four-wheel drive travel to a series of permanent water sources and Dreaming sites. Through rockhole recovery Sue Haseldine and her family continue to care for, and maintain connections to country, outside of the native title process.

This is a vivacious and very human story, which pursues a controversial and much neglected line of enquiry in which native title is not necessarily seen as a force for recognition and Indigenous empowerment.

To purchase this resource from the AIATSIS shop please follow this link

Dispute management, Native Title Act Book
Alternative dispute resolution (ADR) in Aboriginal contexts: A critical review Wenona Victor for the Canadian Human Rights Commission

What processes are available to help Aboriginal people resolve their conflicts internally? What are the most common challenges implementing such a process? This report examines three dispute resolution processes and the differences between Indigenous and Western practices.

Dispute management Article / paper
Anthropology and connection reports in native title claim applications Dr Julie Finlayson

This paper discusses the purposes and form of the reports, their differentiation from the NNTT registration process, considerations anticipating litigation, confidentiality and potential conflicts of interest by the State as respondent.

AIATSIS, Dispute management, Government, Indigenous knowledge, Legal Article / paper
Board dispute resolution policy template Effective Governance

The board of [Organisation] is committed to reaching a prompt and fair resolution of any disputes, conflicts, or disagreements that may arise from time to time, and that may threaten the functioning of the board.

Dispute management, Governance Template
Check-up: Our dispute resolution processes Australian Indigenous Governance Institute

All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation.

Dispute management, Governance, Resolution Guide
Complaints involving corporations Office of the Registrar of Indigenous Corporations

Advice for dealing with complaints.

Dispute management, ORIC Information Sheet
Dispute management: Constitutions of Prescribed Bodies Corporate Ashleigh Blechynden

The Prescribed Body Corporate (PBC) research snapshot series has been developed to share findings from the Native Title Research Unit’s (NTRU) investigation into the constitutions and financial reports of PBCs. This research forms part of the PBC Capability project which aims to develop a long-term national picture of the PBC sector.

This snapshot looks at the dispute management processes within PBC constitutions, examining the use of NTRBs, independent mediation and elder’s councils to resolve disputes.

AIATSIS, CATSI Act, Dispute management, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) Report
Dispute resolution Office of the Registrar of Indigenous Corporations

Managing disputes and the role of ORIC in resolving disputes.

Dispute management, ORIC Information Sheet
Disputes and complaints Indigenous Governance Toolkit

The topic 'Disputes and complaints' from the Indigenous Governance Toolkit has eight sections,

  1. Dealing with disputes and complaints
  2. Aboriginal and Torres Strait Islander and non-Indigenous approaches
  3. Core principles and skills for dispute and complaint resolution
  4. Disputes and complaints about governance
  5. Your members: dealing with disputes and complaints
  6. Organisations: dealing with internal disputes and complaints
  7. Practical guidelines and approaches
  8. Case studies
Dispute management, Governance Information Sheet
Disputes involving Corporations Office of the Registrar of Indigenous Corporations

ORIC policy statement explaining their role in resolving disputes involving corporations.

Dispute management, ORIC Information Sheet
Effective Governance: Board Dispute Resolution Policy Effective governance

An guide to creating a board dispute resolution policy.

Board, Dispute management Information Sheet
Indigenous Facilitation and Mediation Project AIATSIS

The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches.

AIATSIS, Dispute management, Resolution Report
Information for PBCs on changes to native title laws and obligations CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting Fact sheet
Lhere Artepe Policy and Procedure Guide Lhere Artepe Aboriginal Corporation RNTBC

Policy and procedure guide for Lhere Artepe Aboriginal Corporation RNTBC

Directors, Dispute management, Meetings, Policies, Reporting Policy statement
Mornington Island Restorative Justice Project report Queensland Government

The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system.

Community, Culture, Dispute management, Legal Report
ORACLE - Complaints and how to manage them Office of the Registrar of Indigenous Corporations

ORIC newsletter about managing complaints

Dispute management, ORIC Newsletter
Procedure for handling complaints or disputes Yamatji Marlpa Aboriginal Corporation

This brochure provides a brief guide to the processes for dealing with disputes or complaints by members, clients and the general public. 

Dispute management Guide
Solid work you mob are doing: Case Studies in Indigenous Dispute Resolution and Conflict Management in Australia National Alternative Dispute Resolution Advisory Council, AIATSIS, Community Justice Centres, Legal Aid, Northern Territory Government, State Government Victoria

The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians.

The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience.

Dispute management, Indigenous law, Legal Report
Taungurung Decision-Making Guide Toni Bauman, Belinda Burbidge, Chris Marshall

Taungurung Land and Waters Council and AIATSIS collaboratively produced a decision-making guide for Taungurung people to use in governance.

The guide contains practical information on:

  • Compliance and legal requirements
  • Decision-making models
  • Separation of powers
  • Conflicts of interest
  • Subsidiarity
  • Cultural governance

The guide is of practical use for Taungurung Land and Waters Council in governance, assisting communication and engagement, inducting new board members, and managing disagreements about procedures and policies.

It will also be of interest to other Indigenous corporations that are working on their own decision-making structures, processes and models, particularly native title Prescribed Bodies Corporate (PBCs) and other traditional owner corporations.

AIATSIS, Board, CEO, Chairperson, Decision making, Directors, Dispute management, Governance, Members, PBCs (Prescribed Body / Bodies Corporate) Guide