Understanding Indigenous Dispute Resolution Processes and Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods in Lieu of Litigation

Authors

Carlo Osi, University of Pennsylvania Law School

Abstract

This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Law | Law and Society | Rule of Law

Recommended Citation

Carlo Osi, Understanding Indigenous Dispute Resolution Processes and Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods in Lieu of Litigation, 10 Cardozo J. Conflict Resol. 163 (2008).
Available at: https://larc.cardozo.yu.edu/cjcr/vol10/iss1/8