Publication Type

Journal Article

Version

Postprint

Publication Date

5-2017

Abstract

Being a culturally responsive mediator has become increasingly challenging amidst the growing cultural complexity within many societies. Drawing on the existing research on culture and the authors’ experiences of mediating disputes amongst diverse disputants in Australia and Singapore, this paper proposes an emic-constructivist approach for the mediator to understand the individual disputant’s unique cultural preferences. It also recommends bringing forward the exercise of understanding cultural preferences through conducting pre-mediation intake interviews. It is argued that this approach enables the mediator to embrace the parties’ cultural complexity and to design the mediation process based on their rich milieu of preferences. Finally, the paper puts forward a framework for the pre-mediation intake instrument.

Keywords

pre-mediation intake, culture, mediation, emic, constructivis

Discipline

Asian Studies | Dispute Resolution and Arbitration | Law and Society

Research Areas

Dispute Resolution

Publication

Australasian Dispute Resolution Journal

Volume

28

Issue

2

First Page

89

Last Page

97

ISSN

1441-7847

Publisher

Thomson Reuters

Embargo Period

11-28-2017

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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