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INDIAN CONFLICTS AND NONJUDICIAL DISPUTE SETTLEMENT

NCJ Number
53602
Journal
Arbitration Journal Volume: 33 Issue: 4 Dated: (DECEMBER 1978) Pages: 28-31
Author(s)
R T COULTER
Date Published
1978
Length
4 pages
Annotation
THE PREFERENCE BY INDIAN GOVERNMENTS FOR THE USE OF SUCH NONJUDICIAL PROCEDURES AS NEGOTIATION, CONCILIATION, MEDIATION, AND ARBITRATION OVER RECOURSE TO COURT LITIGATION IN DISPUTE SETTLEMENT IS NOTED.
Abstract
ONE REASON WHY INDIAN GOVERNMENTS HAVE SOUGHT OUT-OF-COURT SOLUTIONS TO THEIR CONFLICTS IS THAT THE COURTS ARE VIEWED AS AN INHERENTLY UNFAIR FORUM FOR DISPUTE SETTLEMENT. AMONG INDIAN DISPUTES OR CONFLICTS RESOLVED BY NONJUDICIAL MEANS ARE LAND CLAIMS, JURISDICTIONAL RIGHTS (RIGHT TO GOVERN IN A PARTICULAR AREA, INCLUDING LAW ENFORCEMENT POWERS), AND WATER RIGHTS. OTHER PROBLEMS RELATED TO RACE FEAR AND FRICTIONS, FISHING AND HUNTING RIGHTS, DISPUTES OVER TAXING AUTHORITY ON AND OFF RESERVATIONS, ENVIRONMENTAL ISSUES, INDUSTRIAL DEVELOPMENT ON OR NEAR RESERVATIONS, AND THE EDUCATION OF INDIAN CHILDREN. CIVIL RIGHTS IS ONE MAJOR AREA WHERE DISPUTE SETTLEMENT THROUGH NONJUDICIAL PROCESSES IS ESPECIALLY APPROPRIATE. IN ADDRESSING PROBLEMS OF CONCERN TO INDIAN GOVERNMENTS, IT IS NECESSARY TO EXAMINE THE RELATIONSHIP BETWEEN THE CITIZENS AND THE FEDERAL GOVERNMENT, THE NEED FOR TRUE IMPARTIALITY AND FAIRNESS, DISCRIMINATORY DOCTRINES, LAWS TO BE APPLIED, TIME TO NEGOTIATE, AND PARTIES IN A DISPUTE. ARBITRATION AND OTHER NONJUDICIAL DISPUTE SETTLEMENT PROCESSES CAN BE EFFECTIVE IN RESOLVING MANY PROBLEMS OF THE INDIAN PEOPLE. (DEP)

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