Pressure points and leverage in negotiating a just native title settlement

Thursday, 2 June 2016
Michael Pagsanjan

Just native title settlements are crucial to just recognition for Aboriginal and Torres Strait Islander People. Reality is, just settlements assume a fair negotiating process. Unfortunately native title is fraught with legal complexities and competing interests such that negotiations are often conducted on an unfair playing field. This presentation will discuss some of the pressure points in native title negotiations. This will be with a view to providing some practical examples on how traditional owners may be able to find leverage in their negotiations.

The presentation will be in three parts. First, some of the realities of native title negotiations will be highlighted. Second, the likely flash points – or sensitivities – from the differing perspectives of some the various stakeholders in native title negotiations will be explored. Once those potential flash points are understood, some opportunities for finding leverage to get better deals will be detailed.