In his essay entitled ‘Mediation – Pfade zum Frieden’, Professor Montada has made an important contribution to the mediation literature. He questions the universality of the standard mediation model that appears to be sweeping the world with enormous zeal and in doing so puts forward theo-ries and principles to substantiate his view. To a large extent I agree with what the author has to say about the scope and potential for mediation. In particular I support his view that professional mediators need to be made aware of the cultural limitations of the model in which they are trained. As I write these lines I am sitting in Hong Kong – my new home – where after a short period of time as a mediation practitioner, teacher and writer, differences in notions of ‘standard’ mediation principles, process and prac-tice have emerged. I will elaborate on this aspect of the essay shortly. To my mind however Montada’s critique is based upon certain assumptions to which I do not subscribe. It is to these that I first turn.
Mediation, universality, culture, Harvard model
Dispute Resolution and Arbitration
Erwägen Wissen Ethik
Lucius and Lucius Verlagsgesellschaft
Mediation and the myth of universality. (2009). Erwägen Wissen Ethik. 20, 512-513. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1871
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