Ethics & Culture

Ethics and Culture

Within the parameters of a cross-cultural conflict, suspending judgments and collecting information will permit the mediator to expand the disputants’ perceptions and enable them to achieve a favorable resolution.  It is vital to the success of the mediation for the disputants to neglect any discriminatory opinions or beliefs, inclusive of their country’s historical relations.  They may be aware of their variances, yet it would be more beneficial for them to set aside these differences as they focus their energy and attention on providing information.  Remaining judgmental during this phase will only elongate an otherwise time and cost efficient process and obstruct a favorable resolution.

However, the mediator or intervenor is responsible for being culturally fluent, aware, and considerate of each disputant’s perspective during this stage and throughout the process.  “The culturally fluent conflict intervenor does not separate dynamics of culture from issues of conflict but focuses on their interrelatedness” (LeBaron, p.273, 2003).  They must consider the traditions, laws, and customs of each party.  By understanding their worldviews, the practitioner may better identify their concerns and interests, and begin to reframe the issues in a format that is impartial and suitable for both parties as a means of developing the disputants’ understanding as well as them being accepting of alternatives for resolution (Kovach, 2005).  Hence, as information is being gathered, the mediator must take into account the disputants’ cultural differences.

In addition, the mediator should encourage them to maintain an open mind as they reveal pertinent content associated to the dispute.  Within the process of the mediation, once the participants are introduced, give opening remarks, and then afforded the opportunity to vent, information gathering should occur.  “During this phase, the mediator and the parties often make inquiries of one another.  As additional information is disclosed, the mediator attempts to identify exactly what issues are in dispute” (Kovach, p. 307, 2005).  This will allow the actual causes of the conflict and problematic issues to be exposed and properly addressed.  Thus, information gathering is preliminary to the issue and identification phase.  In order for the mediator at attain a greater understanding of the cultural ethics and values of the disputants prior to mediation, the following inquiries would be beneficial:

1)      What cultural or ethnic group do you identify with?

2)      What is your religious affiliation, if any?

3)      How long have you and your family lived in this country / country of citizenship?

4)      How would you describe your opposition?

5)      Why do you feel as if your opinion outweighs that of your opposition?

“When carrying on an international mediation a mediator must take the cultural differences between the parties into consideration” (Sgubini, 2006).  Yet the disputants should focus on providing relative information, problem solving, and exploring creative solutions (Kovach, 2005).  Mediation is based on communication, and can thus be applied globally once communicative and cultural barriers are obliterated.  It has emerged as the leading ADR process due to the fact that it offers disputants the opportunity to develop settlements that are sensible, economical, and resilient, preserves relationships, and encourages mutual agreement (Sgubini, 2006).

References:

Kovach, K. (2005). Mediation. In M.L. Moffitt, R.C. Bordone, The Handbook of Dispute

Resolution. (pp.304-317). San Francisco, CA: Jossey-Bass.

LeBaron, M. (2003). Bridging cultural conflicts: A new approach for a changing world. 

            San Francisco, CA: Jossey-Bass.
Sgubini, A. (2006). Mediation and Culture: How different cultural backgrounds can 
             affect the way people negotiate and resolve disputes. Retrieved December 6, 
             2010, from http://www.mediate.com/articles/sgubiniA4.cfm.