Yengarrahween Narrloo: Developing an Aboriginal dispute resolution program for NSW

Abstract

Dispute Resolution has become an integral part of the legal system in Australia. However, disputes in Aboriginal communities regularly remain unresolved and often intensify to violence and injury. The literature review discusses the existing literature, reports and reviews on Aboriginal Dispute Resolution issues including Aboriginal perspectives and the effects of colonisation. It shows that Australian history has been based on racism and ethnocentrism and the impact of this on contemporary issues for Aboriginal people. It defines 'western' Dispute Resolution philosophy, the impracticality and inappropriateness of utilising 'western' Dispute Resolution programs for Aboriginal people without specific adaptation and modifications. The effects of language, specifically Standard English versus Aboriginal English, legalistic language and the consequences on communications for Aboriginal people. This research, is a qualitative study examining the outcomes and satisfaction levels of Aboriginal people who have experienced the Dispute Resolution process designed for Aboriginal people in WA and Qld. The rhetoric and realities of these programs are also debated. In examining these' two existing Aboriginal Dispute Resolution Programs and incorporating Unstructured Key Informant Interviews and Client Feedback Assessments of a narrative style, underpinned by Critical Social Theory, this research attempts to answer the question of whether such programs are useful in Aboriginal Dispute Resolution. In doing this, the thesis presents the reasons of "Why is there a necessity for a distinct and separate Dispute Resolution Program for NSW Aboriginal Communities?"