by Henk Botha FIAC, B. IUR. LL.B
© Copyright
2000 Bellstone Training (International) Limited
You may not
reproduce this report in any way without the express written
permission from
Bellstone
Training (International) Limited
First Floor, Victory
House, 99 - 101 Regent Street, London W1R 7HB, England
Mediation is a peaceful method for resolving differences and disputes with the help of an outside intermediary. People do not use mediation for many reasons. Some people do not understand it. Lawyers do not explain it properly to their clients. Others mistake it for arbitration, where someone makes a decision for the parties. Culture affects the way people view mediation.
Culture is a system of values, beliefs and norms among a group of people. Ethnic background, nationality, gender, disability, race, and religion all form part of culture. It affects language, behaviors and the way in which people handle conflict. In one culture, people may prefer to use a competitive style (win-lose), while in another culture people may prefer compromise or accommodation (win-win).
Cultural differences may cause a clash between what the parties expect, and what their families and communities expect. In Western society, neutrality of the mediator is important. In an African society, for instance, this idea of neutrality may clash with what the community expects of the mediator, namely to give advice or to suggest solutions. If the mediator does not offer advice, the African parties may feel that the mediator is ineffective. The Western party may feel that the mediator is doing a great job. If the mediator does offer advice, the African may feel that the mediator is doing a great job, but the Western person may feel that the mediator is biased.
What is the meaning of neutrality when the mediator comes from a different background than the disputants? In South Africa, for example, the mediator may be an Indian and of the Islam faith. One disputant may be an Afrikaner and of the Christian Protestant faith, while the other disputant may be a Zulu with strong beliefs in the spirits of his ancestors. The two disputants may view the mediator and one another with such skepticism that mediation may not be possible at all. The mediator will have a major task convincing the disputants of neutrality. He or she must find ways to prove neutrality. An alternative is to use co-mediators: One Indian, one Afrikaner and one Zulu. But this is not practical.
Think of the Israeli-Palestinian conflict. Israelis come from the Jewish faith; the Palestinians are from the Islam. The American President, who may follow the Christian faith, may try to act as the mediator. Inevitably, the President must find ways to get acceptance as a mediator. The late President Hoessein had to get off his sick bed to help President Clinton mediate the Middle East dispute.
Cultural differences may affect communication during mediation. Eye contact during mediation may be appropriate between disputants of the same culture, but it may be inappropriate between disputants from other cultures. In some cultures, maintaining eye contact is a sign of respect; in others it is offensive. This could present problems if the disputants come from different cultural backgrounds.
Cultural differences may affect decision-making behaviors. The mediator may try to guide the parties through rational problem-solving stages. This may clash with parties' cultural decision-making or conflict resolution patterns. That group may use circular reasoning or passionate discussions.
Cultural differences affect values. Your values affect your desires and needs, while my values affect mine. Our values may clash, but we may also share values, like the need to maintain a job, to maintain trust and to protect family bonds.
In cross-cultural conflicts, huge imbalances of power may exist, particularly between people from majority groups and minority groups. The more powerful party may exert greater influence because of better negotiation skills or greater resources. To succeed at mediation, a mediator may try to redistribute the power. When this happens, the more powerful person could think that the mediator is no longer neutral and may, as a result, withdraw from the process.
Despite these problems, you can mediate successfully across cultural lines. You simply need to:
understand that cultural values
and biases influence all of us;