Submission to the Native Title Claims Resolution Review

The AIATSIS submission to the Attorney-General's Review of Native Title Claims Resolution discusses highlights from stakeholder consultation within the Indigenous Facilitation and Mediation Project, including:

  • conflict cannot always be resolved quickly and easily
  • the importance of process in delivering sustainable outcomes
  • good process will be cost effective and time effective in the long run
  • the need for transparent and inclusive Indigenous decision-making and dispute management processes to give rise to outcomes which are owned by native title holders and therefore sustainable
  • the diversity of mediation practices which are being conducted under the rubric of ‘interest-based mediation’ and a lack of common standards
  • the importance of preparation and securing the appropriate participation
  • the importance of processes building the capacity of parties to negotiate with each other and to make effective decisions
  • the effectiveness of co-mediation models (Indigenous and non-Indigenous/male and female)
  • the need for a fully supported and accredited national network of Indigenous mediators and facilitators who can make timely interventions to ensure that disputes do not escalate.