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    Perhaps most fundamentally, mainstream ADR models may operate under different concepts of time and consensus. In a mainstream process, parties develop discrete and clear agenda items, and work to resolve them as soon as possible. Where an Indigenous-led process is in use, things may progress more
    Not all Indigenous-led ADR processes in Canada will meet this standard. Dispute resolution may occur in the context of ongoing, historical treaty obligations, but it may also occur on an ad-hoc basis to navigate proposals between communities and private industry.
    Canadian law difficult and perhaps at times undesirable.17 But this adds to the appeal of Indigenous-led ADR, because as an alternative to court-driven processes, they are flexible and capable of custom design to reflect local realities. They are not constrained by the various principles and presumptions underlying the common law.
    Kahane, these methods have “deep roots in western cultural, legal and philosophical traditions...[and are]...closely tied to political legitimacy”.39 ADR processes become an expression of political legitimacy in themselves, and so must properly account for historical grievances in play.
  3. Mandatory Court-Annexed Alternative Dispute Resolution in the …

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