Reconciliation on the ground: meeting the challenges of native title reconciliation

The Native Title Act 1993 provides a process that favours the mediation of native title claimant applications and provides a range of options for recording the agreements that are made. Mediated outcomes are desirable for a range of practical reasons, primarily because an agreement should provide a durable basis for long-term relationships on the ground. The National Native Title Tribunal has been established as an impartial, independent body to assist parties to reach agreements on some or all of the matters relevant to native title applications.

The size, complexity and cross cultural nature of native title matters means that mediation techniques need to be adapted or refined to suit a variety of circumstances. The paper examines the statutory scheme and practical aspects of native title mediation in Australia.

Graeme Neate is the President of the National Native Title Tribunal. He was a part-time member of the Tribunal from 1995 and was made President in March 1999. Between 1992 and 2000 he was the Chairperson of the Aboriginal and Torres Strait Islander Land Tribunals in the State of Queensland and a member of the Land Court of Queensland.

Mr Neate is a lawyer who has worked in private practice and the public sector. He has been professionally involved in indigenous land and cultural heritage issues since 1980, and has published a book and numerous articles, chapters and conference papers on indigenous land and cultural heritage matters. He edits a loose leaf native title legal publication.

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