DOES CULTURE MATTER IN MEDIATION?

Mediation is very much affected by cultural issues in three ways: 

First, the mediation process itself does vary by culture. The scholar Sally Merry has studied the process of mediation worldwide. One of her conclusions is that in individualistic countries, such as the United States, to be successful in a mediation the disputant needs to be able to tell their story in a chronological order, needs to be able to set aside emotion at some point and needs to engage in oral problem-solving. There are those who argue that individuals in the U.S. who are not comfortable with those skills may not fare well. Fortunately, a skilled mediator can adapt the process to the skills, strengths, special needs and concerns of the participants.

Second, the cultural identification of the mediator may have implications of its own. In the United States mediators must be neutral and impartial. Yet, the mediator’s cultural identification may impact the sessions. For example, if the mediator values assertiveness, they may unconsciously support participants standing firm and overlook opportunities for agreements. On the other hand, if the mediator values harmony and cooperation, the mediator may unconsciously support parties reaching a premature or inadequate agreement, which might lack durability in the interest of helping the parties agree. 

Third, the cultural identification of the participants has cultural implications too, as does the communication style associated with such identification. One example is how cultures vary in what is called high context and low context. High context cultures such as China, Japan, Korea, and most Latin American cultures, tend to understand conflict in a holistic context and focus on the affective, relational, personal, subjective aspects and avoid open conflicts. Low context cultures, such as the United States, Germany, and Nordic countries are comfortable separating conflict issues from the person and prefer direct, confrontational and competitive styles. For example, high context cultures are much more likely to use third parties in conflicts to avoid face-to-face confrontation. Low context cultures prefer to deal with their adversaries directly. 

So, how best to deal with cultural issues during mediations? I use two general guidelines: 

1.) Recognize your own cultural values and biases.

2.) When listening to other parties tell their story, don’t ask “How would I see this if I were in their position?” Instead, your understanding will only come from learning how the other person sees the situation from their perspective.