Mediation under the native title act 1993 (Cth): some structural considerations

Clark, Geoff (2003) Mediation under the native title act 1993 (Cth): some structural considerations. James Cook University Law Review, 9 (1). pp. 74-107.

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The decision of the High Court in the Mabo case[1] that there existed a form of title to land (native title) capable of being recognised by the common law of Australia set in train a series of legal, political and social debates in Australian society that continued through the decade. This article briefly outlines the history of the development of native title as part of the common law of Australia. It then analyses the legislative response to the High Court decision with particular emphasis on the role determined by the Parliament for the National Native Title Tribunal in mediating agreements between parties to native title applications within the rights- based context of litigation. The article goes on to examine the interest- based model of mediation adopted by the tribunal and looks at the unique features that are starting to emerge in the design and conduct of mediation of native title.

Item ID: 13763
Item Type: Article (Research - C1)
ISSN: 1321-1072
Keywords: mediation; native title
Date Deposited: 03 Nov 2010 03:13
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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