AIATSIS IFaMP - Research and Publications Content

The Indigenous Facilitation and Mediation Project (IFaMP) came to a close on 28th July 2006.

This website is no longer maintained.
It does continue however to contain a wide range of valuable resources.
For enquiries about this website or IFaMP please contact the Native Title Research Unit
E-mail: ntru@aiatsis.gov.au Telephone: +61 (0)2 6246 1161

IFaMP project

An Emerging Bibliography

The IFaMP bibliography has now been published in hard copy (Download a PDF version of this document - 680 kb). It contains readings on Indigenous decision making and conflict management, broader alternative dispute resolution readings and some practice manuals. Click on the green links provided for the live and continuously updated version of the Bibliography and section links, below:

1. Culture, Conflict and Communication

(a) International

(b) Australia

2. Alternative Dispute Resolution (ADR) General

(a) International

(b) Australia

(c) Practical Strategies

3. Alternative Dispute Resolution: Indigenous Specific

(a) International

(b) Australia

4. (a) Australian Native Title Mediation and Practice Issues

(b) Papers and Publications, Indigenous Facilitation and Mediation Project (NTRU, AIATSIS)

5. Useful Internet Bibliographic Links

6. Audio Visual Resources

“The structures I envisage include the creation of a research facility to provide assistance to Indigenous communities and organisations and the implementation of bottom line conditions for negotiation based on international human rights standards”.

Mick Dodson. 1996. Power and cultural differences in native title mediation.
Aboriginal Law Bulletin 3(84):10.

IFamp Papers and Publications

2006

Bauman, T. 2006. Final Report of the Indigenous Facilitation & Mediation Project July 2003/04 – June 2006: research findings, recommendations and implementation. Indigenous Facilitation and Mediation Project. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 403 kb)
Bauman, T. 2006. 'Waiting for Mary: process and practice issues in negotiating Indigenous decision-Making and dispute-management frameworks in native title agreement making', Land, Rights, Laws: Issues of Native Title Vol. 3 No. 6. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 80 kb)
Indigenous Facilitation & Mediation Project and Social Compass. 2006. ‘Evaluation Toolkit: Training and Service Delivery in Decision-Making and Dispute Management Processes in Native Title.’ Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 553 kb)
Indigenous Facilitation & Mediation Project. 2006. Guidelines for Developing Decision Making and Dispute Management Policy for Native Title Representative Bodies, Native Title Services and Land Councils. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 172 kb)
Kingham, F. and Bauman, T. 2006. Native title mediation: issues identified, lessons learnt: proceedings and findings of IFaMP workshops with native title Indigenous and non-Indigenous mediators, February and March 2005. Report No 5. Indigenous Facilitation and Mediation Project. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 196 kb)

IFaMP, in collaboration with Capital Careers Pty Ltd., has produced a Training Resource Guide for NTRBs - Finding Training Solutions in Indigenous Decision-Making and Dispute Management: A Resource for Native Title Representative Bodies. The Training Resource Guide provides useful, easy to read, up-to-date information on training in areas relating to decision-making and dispute management.

The Training Resource Guide sets out existing training pathways in the Vocational and Education Training sector and provides details of around 80 training providers, many of whom can customise training to requirements. The Training Resource Guide is built around twenty essential training modules which IFaMP identified in a series of workshops with Native Title Representative Bodies in 2003 and 2004, including facilitation and mediation, communication, presentation, debriefing and negotiation skills, managing meetings, dealing with difficult people and behaviours, mapping conflict, team building, relationship building exercises, managing technical experts and third parties in mediation and facilitation, group dynamics and cross-cultural communication.

The Training Resource Guide comprises two Parts:

Part One (Download Part 1 in PDF format - 818kb) includes information on:

• nationally accredited training and the Australian Qualifications Framework

• organisations to contact to obtain advice about training

• possible sources of funding for training programs

• the Commonwealth Government’s New Apprenticeship (traineeship) program

• nationally accredited qualifications that best fit with the twenty priority training areas relating to Indigenous decision-making and dispute management processes.

Part Two (Download Part 2 in PDF format - 889kb) contains information on:

• the names of Registered Training Organisations which deliver nationally accredited qualifications containing units relevant to Indigenous decision-making and dispute management processes

• details and contacts of a range of training providers who may offer training related to the twenty key training priority areas identified by IFaMP and who could possibly partner with an RTO to offer full qualifications.

The Guide will be of considerable value to NTRBs as well as other organisations and Government Departments working in Indigenous Affairs, for whom Indigenous decision-making and dispute management is core business.

2005

Bauman, T., Clements, J., and Koeman, A. 2005. Making a Difference: towards establishing national networks of Indigenous process experts in a whole-of-government approach. Report on a workshop of Indigenous facilitators and mediators 4 - 5 October 2005. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 212 kb)
Bauman, T. and R. Williams. 2005. The Business of Process: Research Issues in Managing Indigenous Decision-Making and Disputes in Land. Report No. 1. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies: Canberra. (Download a PDF version of this document - 313 kb)
Brockwell, S., K. Eggerking, R. Morphy and T. Bauman. 2005. Culture, Conflict Management and Native Title: An Emerging Bibliography. Report No. 4. Indigenous Facilitation and Mediation Project. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies: Canberra. (Go to the 'live' version of the Bibliography)
Indigenous Mediation and Facilitation Project. 2005. Issues associated with the establishment, maintenance and distribution of a list of Indigenous mediators and facilitators. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 72 kb)
Kingham, F. and T. Bauman. 2005. Report on Proceedings of Indigenous Native Title Mediation Practitioners Workshop 17 - 18 February 2005. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 166 kb)
Kingham, F. Bauman, T and M. Black. 2005. Report on Proceedings of Workshop of Native Title Mediators 15and 16 March 2005. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 192 kb)
Williams, R. 2005. Native Title Mediation Practice: The Commonalities, the Challenges, the Contradictions: A Survey of Native Title Mediators. Indigenous Facilitation and Mediation Project. Report No. 3. Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 823 kb)

2004

Bauman, T. 2004. Emerging issues in mediation and facilitation research and practice for NTRB's. Building Relationships - Native Title Annual Conference. Australian Institute for Aboriginal and Torres Strait Islander Studies, 3-4 June 2004. Adelaide, South Australia.
Bauman, T. and R. Williams. 2004. Report on Native Title Representative Body Workshops: Directions, Priorities and Challenges. Report No. 2. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies: Canberra. (Download a PDF version of this document - 409 kb)
Bauman, T and R. Williams. 2004. Gurang Land Council Aboriginal Corporation and Central Queensland Land Council Aboriginal Corporation – Workshop on Decision-Making and Dispute Management - 10-11 May 2004. Confidential Draft. IFaMP, Native Title Research Unit, AIATSIS, ACT.
Bauman, T and R. Williams. 2004. North Queensland Land Council Aboriginal Corporation and Torres Strait Regional Authority – Workshop on Decision-Making and Dispute Management – 13-14 May 2004. Confidential Draft. IFaMP, Native Title Research Unit, AIATSIS, ACT.
Bauman, T and R. Williams. 2004. Yamatji Barna Baba Maaja Land and Sea Council – Workshop on Decision-Making and Dispute Management – 24-25 May 2004. Confidential Draft. IFaMP, Native Title Research Unit, AIATSIS, ACT.
Bauman, T and R. Williams. 2004. AIATSIS Indigenous Facilitation and Mediation Project (IFaMP): outcomes from NTRB workshops. Building Relationships - Native Building Relationships. Native Title Annual Conference. Australian Institute for Aboriginal and Torres Strait Islander Studies, 3-4 June 2004. Adelaide, South Australia. (Download a PDF version of this document - 107 kb)
Bauman, T and R. Williams. 2004. Executive Summary: Issues arising from NTRB workshops on decision-making, conflict management and training. PowerPoint presentation and paper presented to NTRB CEOs workshop. Building Relationships - Native Building Relationships”. 1 June 2004. Adelaide, South Australia.
Bauman, T. and R. Williams. 2004. Report on Native Title Representative Body Workshops: Directions, Priorities and Challenges. Report No. 2.Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download the PDF version of this document – 409 kb)
Bauman, T and R. Williams. 2004. The Business of Process: Research Issues in Managing Indigenous Decision-Making and Managing Disputes. Native Title Research Unit, AIATSIS, ACT. (Download a PDF version of this document - 931 kb)
Bauman, T. and S. Brockwell. 2004. Community Mediation Centres - Native Title Representative Bodies Forum 26-27 October 2004: Summary of Proceedings and Outcomes. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download the PDF version of this document – 237kb)
Bauman, T. and S. Close. 2004. IFaMP Evaluation Workshop – 18 October 2004: Summary of Proceedings and Outcomes. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download the PDF version of this document – 968kb)
Brockwell, S. 2004. Notes from: The Community Justice Mediation Models and Native Title Workshop (NTRB's). Native Title Annual Conference. Australian Institute for Aboriginal and Torres Strait Islander Studies, 2 June 2004. Adelaide, South Australia. (Download the PDF version of this document – 253 kb)
Williams, R. 2004. The practice of mediation in native title in Australia: a survey. Building Relationships - Native Title Annual Conference. Australian Institute for Aboriginal and Torres Strait Islander Studies, 3-4 June 2004. Adelaide, South Australia.
Williams, R. 2004. The Practice of Native Title Mediation in Australia. Forthcoming publication.

2003

Bauman, T. 2003. Nations within Nations, Tribes within Tribes: Aboriginal Nationalisms in Katherine. Draft of working paper delivered at Australian Anthropological Society Conference, University of Sydney, Sydney, 1-3 October 2003.
Bauman, T. and R. Williams. 2003. Towards a Common Practice Investigating Australian Indigenous Dispute Management Needs in Land Issues. Backgrounder to Indigenous Facilitation and Mediation Project. Native title Research Unit, Power Point and Paper presented at Asia Pacific Mediation Forum, Singapore, 19-22 November 2003. (Download a PDF version of this document - 124 kb)
Williams, R. 2003. Towards a New Definition of Mediation. Paper presented at Asia Pacific Mediation Forum, Singapore, 19-22 November 2003. (Download a PDF version of this document - 273 kb)

Workshops and Reports

NTRB Workshops
Introductory Workshops
evaluation Workshop
CJC - NTRB FOrum
INDIGENOUS NATIVE TITLE MEDIATION PRACTITIONERS WORKSHOP
NATIVE TITLE MEDIATION PRACTITIONERS WORKSHOP
Indigenous Mediators and Facilitators Workshop
Other Workshops

Native Title Representative Body Workshops and Reports: Issues in Indigenous Decision-Making and Managing Conflict

The National Native Title Tribunal (NNTT) sponsored IFaMP to hold four workshops with representatives from Native Title Representative Bodies (NTRB) including Chief Executive Officers (CEOs) , board members, anthropologists, lawyers, field officers and native title holders during May and June 2004. The downloadable document provides an overview of the workshops. (Download a PDF version of this document - 118 kb)

Workshops were held at:

Bundaberg (Gurang Land Council Aboriginal Corporation/Central Queensland Land Council Aboriginal Corporation) 10-11 May 2004;
Cairns (North Queensland Land Council/Torres Strait Regional Authority) 13-14 May 2004;
Perth (Yamatji Bana Baaba Marlpa Land and Sea Council) 24-25 May 2004 (download a copy of the report from this workshop - 234 kb); and
Adelaide (NTRB CEOs Workshop) 1 June 2004, prior to the Native Title Conference in Adelaide. Findings and issues from the previous four workshops were presented to the CEOs who provided advice about future directions for the Project.

	Workshop with the Gurang Land Council Aboriginal Corporation and the Central Queensland Land Council Aboriginal Corporation on the 10-11 May 2004 in Bundaberg. (Photograph: Toni Bauman, AIATSIS).
	Workshop with the Yamatji Bana Baaba Marlpa Land and Sea Council on 24-25 May 2004 in Perth. (Photograph: Toni Bauman, AIATSIS).

A final summary report with analysis of the issues and future directions is now available:

Bauman, T. and R. Williams. 2004. Report on Native Title Representative Body Workshops: Directions, Priorities and Challenges. Report No. 2. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies: Canberra. (Download a PDF version of this document - 409 kb)

Recommendations from the CEO Workshop on 1 June 2004 in Adelaide included the following:

1. As a result of Native Title Representative Body (NTRB) workshops a number of training areas and priorities were identified. Those training areas and priorities including Native Title information provision and others dealing with conflict and facilitation should be reviewed and further analysed with a view to developing recommendations that should be referred to the AIATSIS Indigenous Facilitation and Mediation (IFaMP) Project Reference Group.

The issue of training for managing meetings should be looked at separately and recommendations developed. The Project Reference Group should action in consultation with the CEOs of NTRBs after the final electronic review by CEOs.

2. IFaMP should formalise a request to the National Native Title Tribunal (NNTT) to pilot their mediation training with NTRBs and to have it formally evaluated for use by NTRBs by IFaMP. NTRBs to be involved include the Aboriginal Legal Rights Movement (ALRM), Cape York Land Council (CYLC), and Native Title Services Victoria (NTSV).

3. IFaMP should investigate community justice mediation programs and other training opportunities for evaluation and possible implementation in the NTRB context.

4. That the CEOs endorse in principle the concept of a pilot facilitation training of Indigenous people based on the core elements identified in Indigenous Facilitation and Mediation Project (IFaMP) Recommendations. The endorsement is to be referred to the IFaMP Project Reference Group for implementation and supervision.

5. The CEOs present at the IFaMP forum on 1 June 2004 recommend that the NTRB workshop process as outlined in the flyer is concluded. Based on the IFaMP recommendation, the project will move into a new phase. Any further NTRB workshops will be based on the ongoing identification of new issues by IFaMP and ratified by the Project Reference Group.

Introductory Workshops in Managing Decision-Making and Disputes

Two workshops were facilitated in November 2003 by Toni Bauman.

Bauman, T. 3 November 2003. Introduction to Managing Decision-Making and Conflict Workshop for Community Development Officers. Northern Territory Government. Holiday Inn, Darwin.
Bauman, T. 6 November 2003. Workshop titled 'Facilitating Indigenous Decision-Making and Managing Disputes' for delegates at the Building Effective Indigenous Governance Conference, 4-7 November 2003, Jabiru, Northern Territory. Department of Community Development, Sport and Cultural Affairs, with assistance from the department of the Chief Minister, Office of Indigenous Policy.

evaluation workshop

The Need for Evaluation

IFaMP is concerned to support a culture of evaluation in the native title context. Individuals and organisations undertake mediation and facilitation training programs both as stand alone products and as part of extending their service delivery. While some training programs, such as those of the New South Wales and Victorian community mediation agencies, have undertaken evaluation processes for training Indigenous practitioners, there has been little, if any, thorough and independent evaluation in the native title context.

Evaluation in this context can improve the capacity of Indigenous groups and communities, and those who represent and support them, in dealing with decision-making and dispute management issues in the native title negotiation process. Too often, training has been ‘thrown’ at Indigenous people without any understanding of whether what is being delivered is appropriate and, whether it has been useful in the workplace.

IFaMP is concerned with identifying best practice approaches in native title mediation and facilitation, and, in particular, with enabling the development of Indigenous mediators and facilitators to work in the native title context. Of particular concern, is providing appropriate capacity building initiatives to NTRBs and the native title holders they represent. To this end, IFaMP aims to produce an Evaluation Framework which can be applied to existing and emerging mediation and facilitation training, and to service delivery programs.

Evaluation Workshop

An Evaluation workshop was held on Monday 18 October 2004 at AIATSIS. This workshop was funded by the National Native Title Tribunal.

The workshop involved a range of evaluation specialists including those who have carried out previous evaluations of Indigenous mediation and facilitation programs. Participants also included policy makers in this area including Indigenous representatives from the Office of Indigenous Policy Co-ordination, the Register of Aboriginal Corporations and the National Native Title Tribunal.

Aim of workshop

The workshop was aimed at enabling IFaMP to explore and consider the range of principles and issues that underpin the development of a useful, coherent and easily applied evaluation framework. This framework could then be applied to existing and emerging mediation and facilitation training and service delivery programs to NTRBs to evaluate their effectiveness and relevance and to identify ways in which they can be improved.

IFaMP is particularly concerned that such an evaluation framework incorporates strategies that analyse participant and organisational levels of skill prior to undertaking training, whether there is discernible improvement in the quality of service delivery to NTRBs subsequent to the training, and ways of monitoring how that is maintained over time. The framework might also enable evaluation of the experiences of those who are end-users of mediation and facilitation services in native title.

Broad Issues for the Workshop

IFaMP prepared a background document for the evaluation workshop which sets out a range of issues and, the context from which the workshop emerged. (Download a PDF version of this document - 44kb)

The workshop enabled IFaMP to explore:

• the range of evaluation approaches;
• how to identify the appropriate evaluation strategy;
• existing frameworks and protocols that may be adapted or implemented; and
• the necessary steps to developing simple user-friendly evaluation tools.

IFaMP has prepared a report on the evaluation workshop:

Bauman, T. and S. Close. 2004. IFaMP Evaluation Workshop – 18 October 2004: Summary of Proceedings and Outcomes. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download the PDF version of this document – 968kb)

Please contact us if you are involved in evaluation processes and are interested in being involved in discussion around this issue.

Further Reading and Information on Evaluation:

Andrews, G. 2004. Evaluating Development: Applying Lessons Learnt from International Development to Indigenous Community Development. Mutitjulu Whole-of-Government Project. State of the Regions 2004, Northern Territory Government No. 9. (Download a PDF version of this document - 94kb)

Berger-Bartlett, H. and T. Craig. 2002. The Challenges of Stakeholder Participation: examples of evaluation projects from the Youth Justice context. Paper presented at the 2002 Australasian Evaluation Society International Conference, Wollongong, Australia. (Download a PDF version of this document - 53kb)

Dart, J. J., Dysdale, G., Cole, D., and Saddington, M. 2000. The Most Significant Change approach for monitoring and Australian Extension project. PLA Notes. Vol 38. International Institute for Environment and Development, London: 47-53. (Download a PDF version of this document - 91kb)

Department of Health and Aged Care. 2001. Evaluation: A guide for good practice. Canberra, Commonwealth of Australia: 32. (Download a PDF version of this document - 980kb)

Dispute Settlement Centre of Victoria (DSCV). 2002. Review of the Dispute Settlement Centre of Victoria Koori Program. Unpublished report prepared by Mandala Consulting Services Pty Ltd. (Download a PDF version of this document - 833kb)

Petheram, R.J. 1998. Review of Evaluation in Agricultural Extension. Rural Industries Research and Development Corporation. RIRDC Publication No. 98/136. (Download a PDF version of this document - 1,346kb). Note that this document has a section on page 93 called ‘A summary guide to approaches and methods in evaluation’ and on page 105 to 106 a ‘Glossary’ which may both be useful to people unfamiliar with evaluation methods and terminology.

Rothman, J. 2003. Action Evaluation in Theory and Practice. Intractable Conflict Knowledge Base Project, Conflict Research Consortium, University of Colorado. (Read an online version of this document)

Australasian Evaluation Society 2004 International Conference website

Most Significant Change Technique

The Most Significant Change Technique (MSC) is an organisation set up by Rick Davies (UK) and Jessica Dart (Australia) who have founded a specific technique to monitor social change programs and evaluate training packages.

MSC involves participatory monitoring and evaluation, is unlike conventional indicator-based monitoring as it is based on an explicit value judgements, and a structured, participatory and transparent process. Their technique aims to analyse achievements of both projects and the wider strategic objectives, they have developed tools to analyse different scales of aggregation, process monitoring and documentation tools aimed at sharing explicit organisational knowledge on home qualitative monitoring methods and, methods of eliciting and using informal and tacit knowledge within organisations (Dart and Davies 2003 - PDF document 732kb).

For further reading on the MSC Technique, see the following:

Dart, J. J. (1999). A story approach for monitoring change in an agricultural extension project. In Proceedings of the Association for qualitative research (AQR) international conference. Melbourne: AQR. [Read a copy of this document online]

Dart, J. J. (2000), ' Stories for Change: A systematic approach to participatory monitoring', Proceedings of Action Research & Process Management (ALARPM) and Participatory Action-Research (PAR) World Congress, Ballarat, Australia. [Download a PDF version of this document - 81kb]

Davies, R. J. (1996). An evolutionary approach to facilitating organisational learning: An experiment by the Christian Commission for Development in Bangladesh. Swansea. UK: Centre for Development Studies [Read a copy of this document online]. Note that this paper has also been published, with some variations, in D. Mosse, J. Farrington, and A. Rew (1998) Development as Process: Concepts and methods for working with complexity. London: Routledge/ODI (pp 68–83); and in Impact Assessment and Project Appraisal, 16. No. 3, September 1998, 243–50.

Davies, R. J. (1998). Order and Diversity: Representing and assisting organisational learning in non-government aid organisations. PhD thesis. Swansea. UK: Centre for Development Studies [Read a copy of this document online]

CJC - NTRB FORUM

A Forum of Community Justice and Dispute Settlement Centres in NSW, Victoria and QLD, together with the Conflict Resolution Service ACT and ATSIFAM (NSW) was held at AIATSIS on 26 and 27 October 2004. On 27 October, the Centres also met with representatives of the NTRBs from those states. The aim of the forum was to develop a dialogue between the NTRBs and Centres to establish whether services provided by the latter could be helpful to the NTRBs and to discuss the possibility of pilot training.

A summary report arising from this forum is now available:

Bauman, T. and S. Brockwell. 2004. Community Mediation Centres - Native Title Representative Bodies Forum 26-27 October 2004: Summary of Proceedings and Outcomes. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download the PDF version of this document – 237kb)

INDIGENOUS NATIVE TITLE MEDIATION PRACTITIONERS WORKSHOP

The workshop that IFaMP held in February with Indigenous native title mediation practitioners around best practice issues has now produced a comprehensive report:

Kingham, F. and T. Bauman. 2005. Report on Proceedings of Indigenous Native Title Mediation Practitioners Workshop 17 - 18 February 2005. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 166 kb)

nATIVE tITLE MEDIATION PRACTITIONERS WORKSHOP

The workshop that IFaMP held in March 2005 with native title mediation practitioners around best practice issues has now produced a comprehensive report:

Kingham, F. Bauman, T and M. Black. 2005. Report on Proceedings of Workshop of Native Title Mediators 15and 16 March 2005. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version of this document - 192 kb)

Indigenous Mediators and Facilitators Workshop

IFaMP held a workshop at AIATSIS on 4^th and 5^th October 2005 for Indigenous mediators and facilitators. A proposal which has arisen out of a range of IFaMP consultations and research for a fully supported national network of accredited Indigenous mediators and facilitators to work in native title and other areas including shared responsibility and regional participation agreements was considered. The workshop was funded by the Partnerships area of the Office of Indigenous Policy Co-ordination with whom IFaMP continues to work to see how the proposal can be advanced. The workshop concluded with agreement to draft a brief scoping paper which could be used to advocate and promote the national network initiative.

Two background papers were prepared and distributed to participants. They were:

Indigenous Facilitation and Mediation Project. 2005 Building Indigenous Capacity in Consultation, Negotiation and Agreement-Brokering: The Need for Procedural Expertise (Working Draft). (Download a PDF version of this document - 115 kb)
Indigenous Facilitation and Mediation Project. 2005 Towards a National Network of Indigenous Process Experts in Agreement-Brokering, Decision-Making and Conflict Management (Working Draft). (Download a PDF version of this document - 103 kb)

The final report of the workshop is entitled:

Bauman, T., Clements, J., and Koeman, A. 2005. Making a Difference: towards establishing national networks of Indigenous process experts in a whole-of-government approach. Report on a workshop of Indigenous facilitators and mediators 4 - 5 October 2005. Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. (Download a PDF version - 212 kb)

other workshops

Community Justice Mediation Models and Native Title workshop

The IFaMP team coordinated a workshop with the New South Wales Attorney-General's Department Community Justice Centres (CJC) at the pre-conference NTRB workshops at the Native Title Conference 2004, Adelaide, South Australia, held on 2 June 2004. The 'Community Justice Mediation Models and Native Title' workshop was facilitated by Sarah Mills and Bill Pritchard. The downloadable document below provides an overview of the NSW Community Justice Centres’ mediation process and Indigenous involvement.

Community Justice Mediation Models and Native Title workshop attendees at the Native Title Conference 2004, Adelaide on 2 June 2004. (Photograph: Otis Williams, AIATSIS).

See the following downloadable document for notes on the Community Justice Mediation Models and Native Title Workshop.

Brockwell, S. 2004. Notes from: The Community Justice Mediation Models and Native Title Workshop (NTRB’s). Native Title Annual Conference. Australian Institute for Aboriginal and Torres Strait Islander Studies, 2 June 2004. Adelaide, South Australia. (Download the PDF version of this document – 253 kb)

Staff and representatives of NTRBs at the workshop recognized the need for fair, inclusive and transparent decision-making processes on which Indigenous people can confidently rely and which build on local skills in decision and conflict management processes.

They also recognised that many of the disputes between native title groups were 'community' disputes often between individuals, and that they could benefit from the kinds of mediation practices employed in the Community Justice sector.

The Workshop recommended that the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) looks at:

Establishing regional panels of nationally accredited Aboriginal and Torres Strait Islander facilitators and mediators under a national network, with the aim of dealing with community issues, which would have an immediate impact on Native Title outcomes.
Examining funding options for independent mediation and facilitation services for Aboriginal and Torres Strait Islander communities, for example pilot projects and 'whole of government' approaches.
Assisting in setting up and convening a working group of NTRB representatives to follow up, promote and develop facilitation and mediation services.

The Workshop also recommended that:

The National Native Title Tribunal (NNTT) and the Federal Court need to employ Aboriginal and Torres Strait Islander mediators and facilitators. This will make a significant difference in addressing what is seen to be a power imbalance created by Indigenous people having to deal with imposed 'whitefella' processes, which are highly complex and place Indigenous people at a significant disadvantage.

For further information about the NSW Community Justice Centre, please see the following document:

Community Justice Centres Attorney-General’s Department of NSW: The Native Title Conference 2004. Paper prepared for the Indigenous Facilitation and Mediation Project, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies. Download a PDF version of this document (168 kb).

Or

Click here to access relevant information elsewhere on this website.

Mediation in Native Title Practitioners Survey

IFaMP prepared a survey for mediation practitioners (PDF document - 202 kb) who work in native title. Over 800 telephone calls were made to Law Societies, Attorney-General Departments, Leading Edge Alternative Dispute Resolution LEADR), Native Title Representative Bodies, Institute of Arbitrators and Mediators Australia (IAMA), Minerals Council of Australia, a number of mining companies, National Farmers Federation, State-Based Farmer’s Federations or their equivalents, Federal Court and the Australian Local Government Associations, and Community Mediation Services, among others, to obtain the names of mediators in native title who appear on their registers. Numerous internet and e-mail inquiries were also made.

Practitioners were then spoken to by telephone to establish their willingness to complete the survey. Over 40 practitioners were surveyed. Rich and comprehensive data was obtained and is still being analysed. Rhiân Williams reported on the recent survey of native title mediation practitioners in the mediation session at the Native Title Conference, Adelaide on 3 June 2004. A final report which will be publicly available is being prepared (Williams 2004).

Major findings include that:

There is wide diversity in the native title practice and approach of mediators surveyed;
Some saw lawyers taking highly adversarial stances as the most negative impact on the mediation process; and
The majority of mediators surveyed were supportive of national standards for mediation and some form of national regulation of mediators.

Case Studies

A range of experiences of facilitation and/or mediation which are representative of the geographical spread and the differences in state by state native title regimes needs to be considered. The Project is considering ways of incorporating long term case studies in action based research processes. Issues of confidentiality are of significant concern. Long term ethnographic case studies on Indigenous decision making and conflict management are also required. Please contact us if you wish to contribute to this research in any way.

The Meaning of Disputes

In order to explore decision-making and dispute management in Indigenous contexts, the Project aims to research and consider the cultural meanings of 'disputes', 'fighting' and 'consensus' and the relationship between culture, conflict, native title and identity.

There is often an emphasis on maintaining relations, on reciprocity and on retribution in Indigenous ways of managing disputes. Underlying issues may not always be obvious and saving face is essential. More recent accounts of urban Aboriginal Australia, such as those of Marcia Langton (1988), Gaynor Macdonald (1988) and Morgan Brigg (2003) note that 'fighting', which may involve anger, aggression, swearing, and violence, may be based in 'traditional' values and cultural norms. In this context, it has been suggested that 'fighting' can be a positive socio-cultural reproductive force providing a means of demonstrating 'belonging' to a 'community', and a range of relationships and needs as well as reinforcing social norms and order.

Sources:

Marcia Langton 1988. Medicine Square. In I. Keen (ed.) Being Black: Aboriginal Cultures in ‘Settled Australia’, pp.201-25. Aboriginal Studies Press, Canberra. (Download a PDF version of this document - 1,150 kb)

Gaynor MacDonald 1988. A Wiradjuri fight story. In I. Keen (ed.) Being Black: Aboriginal Cultures in ‘Settled Australia’, pp.179-99. Aboriginal Studies Press, Canberra. (Download a PDF version of this document - 985 kb)

Morgan Brigg. 2003. Mediation, Power, and Cultural Difference. Conflict Resolution Quarterly 20(3). (Download a PDF version of this document - 262 kb)

Towards an Integrated Approach to Decision-Making and Dispute Management in native title

IFaMP is developing what it refers to as an 'Integrated Approach' to identify best practice and appropriate training in Indigenous Decision-Making and Dispute Management in native title. Research relating to this idea is in its early stages. It is informed in part by the Australian Government's 'Whole of Government' approach (PDF document - 131 kb), which comments on the need for developing appropriate local decision-making processes and managing conflict and the United Nations Peace-Building by Means of Social Integration program.

IFaMP considers that an integrated approach should proceed from the point of view of conflict 'management' rather than conflict 'resolution', and that establishing appropriate decision-making and representative structures and communication channels are critical first steps. A 'whole' approach should also be a collective, widely agreed and understood approach.

Native title disputes in Indigenous communities are often multi-leveled, multi-directional and multi-layered. Their consequences often ripple across the whole community and beyond along extensive Indigenous social and cultural networks. They can affect people who are not directly involved and are not to be seen as separate and isolated from other issues occurring in the community. An inappropriate process to resolve a dispute between Indigenous native title holders may result in increasing tensions and hostilities between and amongst the families and individuals involved. Disputes presenting as native title disputes may also have their causes elsewhere.

It is important that any dispute management process is cognisant of other services and approaches in the community including existing ways of dealing with decision-making and conflict. This allows for a co-ordinated approach and the implementation of strategies at a cross agency level that complement and support one another. It also avoids duplication. Processes to deal with a native title dispute might consider a range of community support services and interest groups in order that its full dimensions and ramifications are reflected in the solutions and agreements achieved.

There may be other factors to consider such as the need for pragmatic peace-building exercises, which locate the extended family at their base and which develop communication between and within families, and across age and gender boundaries.

In native title processes, Aboriginal and Torres Strait Islander people are asked to prioritise native title disputes over all other concerns, including other disputes. As one participant in a workshop at the Native Title Conference in Adelaide in June 2004 explained, “… you are asked to leave your differences at the door … but you can’t. You just can’t”. Such distinctions between what is and isn’t part of a native title dispute, are often seen as arbitrary and artificial by Aboriginal and Torres Strait Islander people. Native title disputes are important to resolve and deal with, but they are part of a complicated web of relationships, connections and interpersonal communication dynamics. There is a need to develop new and innovative processes in mediation which work on the ground, which take into account Indigenous law and other cultural priorities, and which allow for an integrated approach to the management of disputes in the community.

There are many ‘formal’ models of mediation, which are discussed in the literature, such as ‘evaluative’, ‘transformative’, 'elicitive', ‘narrative’, and ‘interest based’ approaches. It is likely that elements of all of these approaches could inform any new developments. It also appears, that many practitioners and academics writing in the field, lack an understanding of the realities on the ground of Indigenous people’s experiences and their own dispute management processes.

In the development of new approaches, it is important to ensure that dispute management processes are integrated with the range of community services, approaches and interest groups, including existing ways of dealing with decision-making and conflict. This would allow for a co-ordinated approach, and the implementation of strategies at cross-agency levels that complement and support one another. It would avoid duplication and the waste of limited resources and allow for the consideration of the full dimension of the dispute, its sources and ramifications.

There is a need for localised, flexible and integrated approaches which:

are negotiated from the ‘bottom up’ in the first instance;
are supported by comprehensive relevant and timely education and awareness programs and communication strategies;
embody Indigenous values and Indigenous laws;
are informed by collective and individual Indigenous rights to self-determination and individual rights, needs, and interests;
reflect localised ideas of how authority should be organised and how decisions should be made;
take into account the range of differentiations and commonalities between and across groups and focus on relationships;
recognise the fluidity and plurality of individual and group identities;
build on Indigenous capacity including existing decision-making and conflict management processes;
integrate dispute management approaches with other relevant community services; and
acknowledge and seek to address the interests and needs of those who may be excluded from the process.

These processes must:

ensure prior and informed consent of those participating;
satisfy the procedural, emotional and substantive needs of all parties;
account for power imbalances, including relative access to resources and other factors affecting capacity to participate, including resources, the quality of representation, and knowledge of the system and processes;
involve pragmatic peace-building and team-building exercises with the extended family at the base;
open communication channels across age and gender;
recognise the complexity of dispute dynamics, including underlying issues;
assess the type of dispute and match it with the most appropriate dispute management interventions rather than a ‘one size fits all’ approach;
not seek simplistic ‘quick fix’ solutions at the expense of long term community relationships and sustainability;
have strategies for managing third parties, such as lawyers, researchers and other technical experts, including the management of written materials and advice;
employ accredited practitioners including Indigenous practitioners as required;
implement appropriate co-mediation models as negotiated; and
include provisions for the review and revisiting of outcomes and solutions, in recognition of evolving needs and circumstances.

United Nations, Indigenous Conflict Management and Decision-Making

The United Nations is increasingly giving priority to issues around decision-making, conflict prevention and management, particularly as an aspect of capacity-building, training and governance. Listed below are various United Nations mechanisms which deal specifically with Indigenous issues in mediation and conflict management as well as a number of other institutions which address these issues within their broader responsibilities:

Manila Declaration of the International Conference on Conflict Resolution, Peace Building, Sustainable Development and Indigenous People

United nations Department of Economic and Social Affairs (DESA), Division for Social Development, Social Integration Branch (PSI)

United Nations Department of Political Affairs (DPA)

United Nations Development Fund for Women (UNIFEM)

United Nations Development Programme (UNDP)

United Nations Food and Agricultural organisation (fao)

United Nations Permanent Forum on Indigenous Issues

Working Group of Indigenous Peoples (WGIP)

The Global partnership for the prevention of armed conflict

Manila Declaration of the International Conference on Conflict Resolution, Peace Building, Sustainable Development and Indigenous People

The Manila Declaration arose from an international conference of Indigenous peoples which was held in the Philippines in 2000 and which was organised by the Tebtebba Foundation (Indigenous Peoples' International Centre for Policy Research and Education) in Metro Manila, Philippines on 6-8 December 2000.

Relevant recommendations include the following:

1. An "Independent International Commission of Indigenous Peoples for Mediation and Conflict Resolution" should be organised not later than the year 2002.

2. An Indigenous Peoples Global Network for Research will be created which will help support and strengthen the capacities of Indigenous peoples to undertake research and documentation and disseminate information as widely as possible. Specific studies should be conducted on the role of Indigenous women in conflict resolution, peace-building and sustainable development. Linkages with NGOs, international agencies, and the donor community should also be enhanced to create the broadest support for Indigenous peoples.

3. The key roles and rights of Indigenous women in managing conflict and decision-making should be promoted, encouraged, recognised and respected at all levels. Their roles in peace-building and conflict resolution across the world should be enhanced and documented for the benefit of all. Training, technical and financial assistance should be provided to Indigenous women to enhance their capacity to participate in conflict resolution and peace-building efforts in their own regions.

4. The inclusion of the right people in decision-making processes at all levels can constitute a significant contribution to peace- building. Indigenous peoples should participate fully in peace processes and these processes should ensure the participation of all peoples and sectors including chiefs, elders, women, community and religious leaders, youth.

5. Indigenous peoples systems, methods and practices on peace-building and conflict resolution should be further developed from the local level upwards, supported by States, the donor community and international bodies and used by Indigenous peoples, themselves.

6. Conflicts should be carefully analysed to examine their root causes and the political economy of their prolongation.

7. Skills training on how to negotiate at the local, national, regional, and international levels should be sensitive to Indigenous practices and should be made available for Indigenous peoples.

8. International bodies such as the UN should participate in peace-building processes in Indigenous territories through, facilitation, moderation, conciliation, mediation and arbitration. This participation should be based on the free and informed decision by the Indigenous peoples through their legitimate representatives and authorities.

9. There should be more in-depth case and comparative studies on peace accords. This might include an emphasis on the forms and range of Indigenous peoples' struggles and successful strategies, the various parties involved in conflict resolution, reasons, factors and conditions leading to the success or failure of peace accords; frameworks forged between Indigenous peoples and states, and the roles of external institutions in fuelling and/or resolving conflicts.

United nations Department of Economic and Social Affairs (DESA), Division for Social Development, Social Integration Branch (PSI)

A developing approach within the United Nations is entitled 'Peacebuilding by Means of Social Integration' (PSI) and is located within the Division for Social Development in the Department of Economic and Social Affairs (DESA). PSI is an emerging, exploratory approach inspired by the concept of social integration at the World Summit for Social Development and many people-centered peace-building initiatives around the world including those of Indigenous Peoples. The lead agency is the Inclusive Development Section within the Social Integration Branch of DESA. A web posting is to be announced later in 2004.

For a systems-based approach to conflict prevention and management, please follow this link to their website and then scroll down to the document to section 'D. Governance and Conflict Management'.

The pilot workshop manual "Developing and Sustaining Conflict Management Systems as Instruments of Governance" prepared for DESA's Governance and Public Administration Branch can be dowloaded here as a PDF document (1,059 kb).

United Nations Department of Political Affairs (DPA)

The United Nations Department of Political Affairs (DPA) identifies potential or actual conflicts in whose control and management the United Nations could play a useful role. They carry out activities in the areas of preventive diplomacy, peace-making, peace-keeping and post-conflict peace-building.

United Nations Development Fund for Women (UNIFEM)

The United Nations Development Fund for Women (UNIFEM) supports making women central to peace processes. It provides financial and technical assistance to innovative programmes and strategies that promote women's human rights, political participation and economic security. Within the United Nations system, UNIFEM promotes gender equality and links women's issues and concerns to national, regional and global agendas by fostering collaboration and providing technical expertise on gender mainstreaming and women’s empowerment strategies.

United Nations Development Programme (UNDP)

The United Nations Development Programme (UNDP) develops and shares innovative approaches to conflict prevention and peace-building, disaster mitigation and post-crisis recovery within its Bureau for Crisis Prevention and Recovery.

United Nations Food and Agricultural organisation (fao), Land and Natural Resources Conflict Management Survey

The United Nations Food and Agricultural Organisation (FAO) ran a joint symposium in April 2002 on land tenure, conflict and conflict management with the University of the South Pacific and RICS Foundation entitled "South Pacific Land Tenure Conflict Symposium 2002".

FAO produced a report in November 2002 entitled "Land and Natural Resources Conflict Management Survey: Final Report". Major findings of this report include the need for case studies and the lack of rigour in standard-setting and practice. (Download a PDF version of the FAO report - 418 kb)

United Nations Permanent Forum on Indigenous Issues

In May 2003, the Permanent Forum on Indigenous Issues decided that the special theme of its third session would be 'Indigenous women'. This decision was confirmed by the Economic and Social Council in its Decision 2003/305.

In March 2004, the Secretariat of the United Nations Permanent Forum on Indigenous Issues produced a working paper on Participation of Indigenous Women in Conflict Prevention, Conflict Resolution and Post-Conflict Peace-Building (download a PDF version of the Working Paper - 183 kb). The paper deals with issues related to the special role of Indigenous women in conflict prevention and management. It became the subject of a panel discussion organised by the Secretariat for the United Nations Permanent Forum on Indigenous Issues, in cooperation with the Tribal Link Foundation, held on 10 March 2004 in New York at the United Nations Headquarters in the context of the United Nations Commission on the Status of Women (download a PDF version of the Panel Discussion summary - 49kb). The panel contributed to the theme of the Third Session of the Permanent Forum which was devoted to Indigenous Women from 10 – 21 May 2004 as described above.

Working Group of Indigenous Peoples (WGIP)

The twenty-second session of the Working Group on Indigenous Populations (WGIP) took place at the United Nations Office in Geneva from 19 to 23 July 2004. The Working Group is open to representatives of Indigenous organisations, peoples and communities as well as representatives of Governments, non-governmental organisations and United Nations agencies.

The main theme for 2004 concerned Indigenous Peoples and Conflict Resolution with a special emphasis on the role of Indigenous women. The report of the WGIP on the 22nd Session, Prevention of Discrimination and Protection of Indigenous Peoples can be downloaded here as a PDF document (199kb). The report of the WGIP on its 21st Session can be found on the WGIP website.

A working paper in preparation for the 2004 Working Group's future standard-setting activities deals with the principle of free, prior and informed consent of Indigenous peoples in relation to development affecting their lands and natural resources. The paper will serve as a framework for the drafting of a legal commentary by the Working Group.

The Global partnership for the prevention of armed conflict

The Global Partnership for the Prevention of Armed Conflict has three main research streams dedicated to building peace, the role of civil society in the prevention of armed conflict, and civil society – UN interaction. Its website contains several papers on conflict prevention and management. The Global Partnership holds seminars and international conferences, for example, in February 2004 it held a seminar Civil-Society – UN Interaction for the Prevention of Armed Conflict (Download a PDF version of the seminar report - 247 kb) while in July 2005 it held a global conference From Reaction to Prevention: Civil Society Forging Partnerships to Prevent Violent Conflict and Build Peace.

Recent research

This section consists of current related papers and publications in the fields of Native Title, Indigenous decision-making and dispute management facilitation. The list is currently being researched with a focus on papers available on the web in the first instance.

Some links to papers that have been posted on the web are also provided in the IFaMP bibliography and throughout these web pages in various sections.

Research and Practice Questions

There are many issues that arise out of IFaMP's aim for theory and practice to be mutually informing. However, the Project will not be able to address all of these issues.

The Project will attempt to coordinate and encourage research and writing, particularly in the native title context, amongst a wide range of researchers, interest groups and specialists including NNTT mediators, mediators within Community Justice and 'Peace' sectors, Indigenous mediators, lawyers, anthropologists and other social scientists.

Examples of research issues, which have been identified by the Project, are included in the following:

1. AIATSIS Seminar Series Possible Topics
2. Project Overview Research Issues

IFaMP’s Project Reference Group members have made the following suggestions as to useful research papers and/or short practice papers for NTRBs:

Complaints Processes
Development of a list of Indigenous facilitators and mediators.
What can NTRBs do if mediation has failed or is not the appropriate approach? Why does mediation fail? What are the options for groups who have seen their claims dropped out? Why do agreement / processes break down?
What programs / organisations exist which can support innovative training, especially in the vocational sector?
Developing Terms of Reference and Codes of Conduct for NTRBs to use when engaging mediators.
Developing a strategy for prioritising claims.
One page summary of the differences between negotiation, facilitation, mediation and other processes.
What are the core elements of any training program that would allow it to be delivered successfully?
Discussion of successful and unsuccessful mediation experiences.
What is the context in which mediation takes place, and how does best practice take that into account?
Policies and procedures for dispute resolution and decision making.
Best practice meeting procedures.

“…loss of land takes away something inside of you that can never be replaced. No one will understand unless you do become involved in it. You have to”.

Michelle Adams, Ngarluma and Yindjibarndi people, Burrup Peninsula.
National Native Title Tribunal. 2004. Native Title Stories: Rights, recognition, relationships. The Commonwealth of Australia. Video 37 minutes.