Mediation in Aboriginal and Torres Strait Islander communities
Unlike the legal and criminal justice system, mediation is in tune with the traditional ways of settling disputes in Aboriginal and Torres Strait Islander communities.The adversarial approach used in Australia’s law courts is contrary to traditional ways, and Indigenous people tend to find it alien and unsympathetic.
Mediation, on the other hand, helps communities to:
- keep ownership of disputes
- use elements of customary law and practice, and
- find solutions that are in keeping with their cultural values.
Conflict in Aboriginal and Torres Strait Islander communities tends to affect all community members, so any resolution process is very complex and requires a creative and flexible approach.
The mediation process includes everyone concerned so it can produce a result that is far more subtle and satisfying than any solution imposed from the outside. It can be very empowering for the community.
Do Indigenous people use our mediation service?Aboriginal and Torres Strait Islander people have shown a keen interest in mediation ever since dispute resolution centres were established.
Our Dispute Resolution Branch, which administers the centres, has been invited to a number of remote Indigenous communities to help community members resolve many types of conflict.
On most occasions, our mediators have succeeded in bringing disputing community members together to discuss their differences.
The branch works closely with communities to ensure our services are delivered in a culturally sensitive and appropriate manner.
Do Indigenous people act as mediators?Yes. A number of our community mediation panels include Aboriginal and Torres Strait Islander mediators.
Our Dispute Resolution Branch has found that in some circumstances Aboriginal and Torres Strait Islander clients prefer the assistance of Indigenous mediators. In other cases they prefer mediators who are of another cultural background.
Indigenous clients are asked their preference regarding the cultural background of mediators and, where necessary, the pre-mediation interview may also be conducted by an Aboriginal or Torres Strait Islander person.
For more information, contact your nearest dispute resolution centre.
Printable view
Change text size
Printable view
Other languages