Lessons from the mediation obsession : ensuring that sentencing "alternatives" focus on Indigenous self-determination

Description

Based on a description of traditional methods of Indigenous dispute resolution and an analysis of the ways in which seemingly neutral laws contain and create bias, this chapter describes the extension of this cultural conflict to popular methods of alternative dispute resolution, including mediation. The chapter attempts to provoke thought on how the same problems may occur and be avoided in conferencing and other restorative justice models, and argues that empowerment through community based dispute resolution processes would be a small step forward in asserting the Aboriginal self determination that colonisation has sought to curtail.