Waiting for Mary: Process and Practice Issues in Negotiating Native Title Indigenous Decision-making and Dispute Management Management Frameworks

Waiting for Mary: Process and Practice Issues in Negotiating Native Title Indigenous Decision-making and Dispute Management Management Frameworks Report

AIATSIS Issues Paper

  • Author(s): Toni Bauman
  • Published: 2006
  • Publisher: Australian Institute of Aboriginal and Torres Strait Islander Studies; Native Title Research Unit
  • Volume: Land, Rights, Laws: Issues of Native Title

Abstract: This paper follows a previous Issues Paper in which I suggest, that at the outset of any native title agreement-making processes, there is a need for facilitating decision-making and dispute management frameworks in congruence with the matrix of differentiated and relational Indigenous rights and interests, at least some of which are negotiable amongst Indigenous people themselves. Here, I raise some of the practical issues in negotiating such a framework including the need for contingency plans should an agreement not be able to be reached through the accepted primary process in the framework. The paper is woven around a scenario which is based on years of practice and research in a number of locations across Australia and with a range of native title stakeholders. It concludes with some observations about Bernard Mayer’s suggestion that the third-party neutral role of the mediator or facilitator should be expanded.

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Suggested Citation
Toni Bauman, 2006, Waiting for Mary: Process and Practice Issues in Negotiating Native Title Indigenous Decision-making and Dispute Management Management Frameworks, Volume:Land, Rights, Laws: Issues of Native Title, Report, viewed 12 June 2024, https://www.nintione.com.au/?p=3265.

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