Cross-Cultural Mediation
Introduction
This paper discusses a cross-cultural conflict scenario in which a mediator must apply the appropriate skills to resolve the conflict. In order to resolve these types of conflicts mediators must apply a non-bias approach to the conflict because the mediator must perceive and identify the cultural differences in order to appropriately resolve the conflict. The mediator must facilitate communication, and they must invoke trust with the disputants for successful cross-cultural conflict resolution.
The conflict discussed in this paper revolves around a custody dispute in which the disputing parties are a divorcing couple who are having conflict over the cultural difference in which each parent would
…show more content…
The father’s family, which is of Islamic culture, has strong beliefs and expects all members of the family to accept and follow the teachings of the Qur’an. According to the father they will exile or disown a family member that does not live according to the Islamic laws. The mother’s family is Christian and believes in the morals and values set forth in the Holy Bible. They are accepting to all cultures but have reservations about their granddaughter being raised Islamic primarily because they fear she will be isolated from society. Since the couple has divorced there has been little communication between the two families.
As the mediator I am a thirty four year old female and mother of five. I was raised around many cultures growing up with a similar cultural background of the female disputant. This conflict can be particularly complex for myself as mediator because of the potential bias that can occur with cultural differences. Even though I share similarities with the mother as mediator I must bring a non-bias perception to the resolution process and try to view the conflict from both parties’ sides with a resolution that satisfies both parties and the child. “Parties who perceived mediator bias in favor of the other party were much less accepting of the mediator’s actions.”(Poitras, 2009) The parties must have trust in the mediator if the dispute resolution
The purpose of this paper was to give some insight into the vicious battles that take place over child custody. It is important to mention that raising children is difficult even with two parents, now when there is only one parent the difficultly increases by leaps and bounds. The idea of joint custody seems to sound like a good solution however, Smith (2003) stated
A special research field in the mediation literature intends to shed light on the question, how influential the impact of mediator’s characteristics and motivations on the mediation process is. Concerning the state of research, the studies of this debate show a divergent picture. There are scientists who have queried the significance of mediator’s impartiality (Bercovitch/Houston 1996; Kydd 2003, Touval 1982; Zartmann/Touval 1996). Scholars like Saadia Touval have underpinned that mediators are often biased and can perform their tasks just as well if not better as impartial mediators. Additionally, Touval and Zartmann stated in their study that mediation is an exercise in power politics: “leverage is the ticket to mediation” (Touval/Zartmann 1989: 129). In 2003, Kydd finds that mediators use their leverage to one of the two conflicting parties and therefore constraint concessions. Thus, the mediator must be biased to be effective. This means that merely a mediator who is biased towards one side can credibility tell them that the opponent will not make peace without the concession. Carnevale and Arad (1996) also remarked the importance of bias. Nevertheless, they suggest that impartiality should not be underestimated and therefore be taken in to consideration.
Traditional approaches to mediation assume that a conflict’s parties and a mediator share one compelling reason for initiating mediation: a desire to reduce,abate,or resolve a conflict.To this end,both sides may invest personnel,time,and resources in the mediation.This shared humanititarian interest maybe the only genuine reason in a few instances of mediation,but normally even this interest intertwines with other, less altruistic,
In business, successful communication is the key to success, and being able to relate to a customer is the best form of communication. This is why cross-cultural communication is so important as the business world continues to globalize itself. Unfortunately, “A lack of awareness about the culturally prescribed rules and norms of communication behaviors can cause public relations projects to fail, or worse, backfire.” (Zaharna, 2001, p.135).
“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest
Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through
Incorporation of advocacy and mediation in human services advances conflict resolution through advocacy and mediation. Professionals in the human service field acknowledge the advantages of alternative conflict resolution applied in mediation promoting shared change. A mediator is a neutral third party who assists to resolve a disagreement or conflict by exploring crucial issues, resolve misunderstandings, look at solutions, and discuss a jointly favorable outcome. Mediators set up guiding principles throughout the mediation process. In addition, mediators help better the communication among disagreeing
According to behavioral theories of communication and decision-making the rational solution to a problem is not always the best answer. Therefore, when diversity creates controversy, which inhibits the development of an organization, the organization is forced to adopt other useful tactics that would result in positive outcomes. This document will focus on several aspects of cross-cultural conflicts; A)
Despite having no mediation experience prior to this class, I immediately excelled in a few areas of mediation. Namely, I did well with the introduction, exuding confidence, and helping the disputants move toward a resolution. Each of these skills is extremely important for mediators as they help set the tone, maintain control of the conversation or accomplish the goal of mediation. Of course, I improved with I practice, but I performed admirably in each of these arenas from the outset.
Specific thesis: The blended families and multicultural families become increasingly familiar. Understanding the basics of these families, is, therefore, critical for the family embraces its strengths in working through their differences. According to the research carried out by Michele Martin on the experience of the remarried couples in the blended families, differing loyalties cause various challenges for both biological and step-parents. Just like blended families, the shadow side of multicultural families can loom heavily in the relationships leading to various challenges. Chang and Chin-Chun (page 24, 2014) agrees that it is caused, primarily, by differences in culture and the differences in the cultures makes the parents face difficulties in raising children.
After reading the many articles on the notion of diagnosis and counseling with multicultural/ethnic patients, it has come to my attention that this focus is solely based on stereotypical attitudes. Sure, it can be said that it is important for a therapist to have a background of the patient’s heritage and culture, but doesn’t this necessarily mean that the outlook of the therapist will be put in a box by doing so? I think multicultural competency is a ridiculous way to improve patient-therapist relationships because of several reasons. First off, generalities and race-centralisms only hinder, not improve, the inner workings of a therapy session. Second, there is no real way to test
For the course of International Management the following assignment has been giving with the objective to select a topic in the field of International Management. The topic for this paper is Cross-cultural Communication in Marketing/advertising.
The debate of a child’s involvement in divorce and child custody mediation is one that involves “family empowerment” and comes at a time when children “experience considerable modifications in the construction of their family unit.” It is then at the mediator and the family’s discretion the degree to which children are involved in the process. It is the mediator’s role to ensure both parents have their input on this decision.
“Stella Ting-Toomey’s face negotiation theory helps explain cultural differences in responses to conflict (Griffin, 2009). People do not respond to conflict in the same manner. Reponses vary according to culture, goals, desires, and self-image. According to Fullerton, “a communication professor at California State University, Ting-Toomey assumes that people of every culture are always negotiating face. Face is “the projected image of one’s self in a relational situation, the way that we want others to see us and treat us” (Griffin, 2009). Simply, the Golden Rule, “do unto others as you would have others do unto you.”
This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their