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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 698. Public Dispute Resolution.
As observed by Taylor, this form of resolution has a number of clearly identified stages. Not all disputes necessarily go through each of these, as some may be resolved along the way. But generally a dispute resolution would contain each of six stages:

· Declaration - a public announcement by the aggrieved person setting out the details of the transgression.

· Rejoinder - denial or countercharge by the accused.

· Argument - public disputation between the parties during which they would both usually be armed with their fighting weapons: 'both disputants would stride up and down gesticulating, arguing loudly and waving their weapons in a threatening manner'. [89] During this stage other persons standing in special relationships to the disputants would arrange themselves in such a way that they could assist either party in the dispute if required.

· Insult and physical combat - this generally involved fighting with weapons between the parties, often escalating as other persons aligned with each of the disputants became involved. During this phase certain persons were expected to play the role of 'blockers'. 'Blockers' sought to ensure that disputes and the fighting did not get completely out of hand and they attempted to contain the dispute to the parties involved. To some extent they acted as umpires in the dispute, first attempting to stop violence and then, if physical conflict followed, ensuring there was no foul play.

· Separation - this occurred as a result of a number of factors including physical exhaustion, the need for injuries to be treated, satisfaction obtained by each of the disputants and the feeling that the matter had been resolved:

The Edward River notion of fair play stressed that those who initiated trials-at-arms should come away bearing equal injuries irrespective of the nature of the wrong action that triggered the combat in the first place. [90]

· Reconciliation - this was indicated by the return of normal relationships between the parties.



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