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Resolving Disputes Locally: Alternatives for Rural Alaska

NCJ Number
139534
Date Published
1992
Length
228 pages
Annotation
This report describes and evaluates the alternative dispute resolution programs used in three rural communities in Alaska: the Minto Tribal Court; the Sitka Tribal Court; and PACT, the Barrow conciliation organization.
Abstract
The evaluation used data from interviews, a review and statistical analysis of all the case files kept by each organization; analysis of the legal context in which tribal courts operate; study of traditional laws and procedures among the Inupiat, Athabascan, and Tlingit cultures; and a review of alternative dispute resolution throughout Alaska. These small, almost entirely volunteer organizations are not inhibited by lack of resources. More important than fiscal resources was a consistent source of case referrals. The analysis concluded that the dispute resolution processes could be replicated by other communities, although no organization could be duplicated entirely due to the uniqueness of each community. The organizations used conciliation, counseling, negotiation, and occasionally formal hearings, reflecting particular cultural or philosophical orietations. They also serve diverse groups of citizens, with non-Natives voluntarily submitting to or taking part in the decisions of the tribal courts. Each organization has demonstrated the ability to resolve disputes effectively and fairly. Footnotes, figures, appended report from conferences, and 55 references