IN MEDIATION Duncan Campbell Mediator CEDR Chambers Cross-cultural - PowerPoint PPT Presentation

CROSS-CULTURAL CHALLENGES IN MEDIATION Duncan Campbell Mediator – CEDR Chambers

Cross-cultural challenges in mediation • What cultural factors can be relevant? • What challenges can arise? • How do they play in the process of mediation? • The focus will be on commercial disputes where the parties are from different cultures 16 August 2012 2

Culture? • Many possible definitions – essentially:  A shared frame of reference – defining the group we belong to • Factors • Gender • Race • National origin • Religion • Class 16 August 2012 3

One recognised classification - Individualistic Individualistic • Communication direct & explicit – get to the point • More confrontational & aggressive style of negotiation • Challenge facts • Emphasis on rationality & legal rules 16 August 2012 4

One recognised classification – Collectivist Collectivist – Importance of personal relationships – More hierarchical – Avoidance of confrontation & loss of face – More indirect in communication 16 August 2012 5

Impact of culture in mediation • Effectiveness of mediation depends on capacity of each party to understand & appreciate interests of the other and … of the mediator to make this understanding possible • i.e. effective communication at two levels: – Party to party – Party to mediator 16 August 2012 6

Cultural challenges in opening phase Planning the mediation meeting: • Venue – neutral ground? • Attendees – hierarchy – matching? • Authority of principals • Timing – allowing for slower pace • Language – need for interpreter? • Underlying emotions? 16 August 2012 7

Cultural challenges in pre-meetings • First impressions - crucial step in building rapport • Striking the correct balance • Where does power lie in group? • Preparation for joint meeting – how best to present case • Anticipating any cultural clash 16 August 2012 8

Cultural challenges in joint session • Seating • Ineffective communication – Pace too fast – Colloquialisms & jargon • Maintaining respect – Bullying tactics – Racial insensitivity • Emotional outbursts 16 August 2012 9

Cultural challenges in private sessions • Where is power & authority – lawyer/client balance • Exploring hidden issues • Timing & pacing of meetings • Setting up negotiation • Handling interpreters 16 August 2012 10

Cultural challenges in negotiation • Seating • Aggressive tactics • Handling emotions • Keeping momentum 16 August 2012 11

Cultural challenges after negotiation • Loss of face • Keeping everyone on board • Pausing & resetting if no agreement on the day 16 August 2012 12

Meeting cultural challenges in mediation Some tips for mediators • Self-awareness • Active listening • Repeat and reframe statements • Check comprehension • Longer time-frames 16 August 2012 13