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.    

Ineffective Communication

    Ineffective Communication     

            Often times the source of conflict is ineffective communication.  Due to variations of culture, education, ethnicity, experience, personality, morals, beliefs, etc., it is highly probable that an individual’s interpretation or understanding of any given circumstance will differ from that of their opposition, deteriorating their communication, and ignite a debatable occurrence.  “The positive role of communication in ameliorating conflict seems so obvious that the premise is seldom given serious examination” (Deutsch, Coleman, Marcus, 2006, p. 144).  However, without the utilization of effective communication, conflict is inevitable.  In addition, “poor communication greatly increases the likelihood that conflict continues or is made worse” (Deutsch, Coleman, Marcus, 2006, p. 156).

            In order to understand the harmful affects of ineffective communication in relation to conflict, the text describes four paradigms: The Encoding-Decoding Paradigm, The Intentionalist Paradigm, The Perspective-Taking Paradigm, and The Dialogic Paradigm.  These paradigms, which are apparent throughout society, explain how information is transferred.  “Information that originates in one part of a system is formulated into a message that is transmitted to another part of that system” (Deutsch, Coleman, Marcus, 2006, p. 145).  Yet messages are often misinterpreted due to variations between individuals, making ineffective communication the most common source of conflict.

          Possible ways in which ineffective communication may initiate conflict include:

1. Noise – any undesired signal which may distort the meaning of the message.
2. Term associations that differ / vary between personalities, values, ideologies, etc.
3. Lack of consideration and / or understanding the intended message sent from your counterpart.
4. Lack of consideration of how the listener will interpret your words.  Insensitivity to the listener’s perspective.
5. Inactive listening (Deutsch, Coleman, Marcus, 2006).

Any / each of these factors affect every relationship any individual will encounter; therefore ineffective communication is the most common source of conflict.  

References:

Deutsch, M., Coleman, P.T., Marcus, E.C., (Eds.). (2006). The Handbook of Conflict

Resolution: Theory & Practice. (2^nd ed.). San Francisco: Jossey-Bass.