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The relevance and effects The relevance and effects of Western mediation of Western mediation
education and training in education and training in the Asia Pacificthe Asia Pacific..
Associate Professor Dale Bagshaw Associate Professor Dale Bagshaw PhDPhD
Director of Conflict Management Director of Conflict Management Research & Postgraduate Studies in Research & Postgraduate Studies in
Mediation and Conflict Mediation and Conflict ManagementManagement
University of South AustraliaUniversity of South Australia
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Some common Some common assumptions?assumptions?• Relationships between and within groups Relationships between and within groups
and individuals form the basic building and individuals form the basic building blocks of all functioning societies blocks of all functioning societies
• Conflicts and disputes are a normal part of Conflicts and disputes are a normal part of relationships and decision-making relationships and decision-making processesprocesses
• Conflict is necessary for good decisions, for Conflict is necessary for good decisions, for development, change, learning and intimacydevelopment, change, learning and intimacy
• It is the way that we handle conflict which It is the way that we handle conflict which causes difficulties that may require causes difficulties that may require mediation – e.g. fight or flee, give in, mediation – e.g. fight or flee, give in, compromise or dialogue and reach a compromise or dialogue and reach a consensus.consensus.
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Mediation in the Asia Mediation in the Asia PacificPacific• In the Asia Pacific region there is a longstanding In the Asia Pacific region there is a longstanding
history of informal conflict resolution practices history of informal conflict resolution practices involving intermediaries or third parties.involving intermediaries or third parties.
• Some traditional practices are similar to what Some traditional practices are similar to what Westerners define as mediation where the parties Westerners define as mediation where the parties make their own decisions, others are more like make their own decisions, others are more like arbitration, where the third party (e.g. a Chief or arbitration, where the third party (e.g. a Chief or Elder) makes the decision. Elder) makes the decision.
• Traditional mediation practices are often grounded in Traditional mediation practices are often grounded in religious principles e.g. religious principles e.g. Islamic, Confucian, ChristianIslamic, Confucian, Christian
• Informal use of intermediaries is common in most Informal use of intermediaries is common in most indigenous cultures in the region e.g. the indigenous cultures in the region e.g. the kong chinkong chin among Chineseamong Chinese, , kampong kutukampong kutu or or penghulupenghulu among among
MalaysMalays
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Some examples of Some examples of mediation practices in the mediation practices in the regionregion• China China • SingaporeSingapore• MalaysiaMalaysia• JapanJapan• ThailandThailand• IndonesiaIndonesia• The PhilippinesThe Philippines• India – influenced by Gandhian principlesIndia – influenced by Gandhian principles• Aboriginal AustraliansAboriginal Australians• New Zealand MaoriNew Zealand Maori
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Dominant ways of Dominant ways of knowingknowing• Epistemology is the study of the nature and Epistemology is the study of the nature and
foundation of knowledge. foundation of knowledge. • Epistemology is concerned with who can be Epistemology is concerned with who can be
a knower, what constitutes truth and how a knower, what constitutes truth and how truth is verified. truth is verified.
• The French philosopher, Michele Foucault, The French philosopher, Michele Foucault, examined who controls what and whose examined who controls what and whose knowledge counts in particular contexts at knowledge counts in particular contexts at particular points in history and highlighted particular points in history and highlighted how knowledge is socially and culturally how knowledge is socially and culturally constructed through language (as constructed through language (as discourse)discourse)
• All knowledge or ‘truth’ is situated in time All knowledge or ‘truth’ is situated in time and in a particular cultural context. and in a particular cultural context.
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What do I mean by What do I mean by discoursediscourse• Dominant ways of talking about things in a Dominant ways of talking about things in a
cultural group, e.g. masculinity or femininity, cultural group, e.g. masculinity or femininity, which determines what we see as being which determines what we see as being ‘normal’ or ‘abnormal’. Without language we ‘normal’ or ‘abnormal’. Without language we have no thought.have no thought.
• Dominant discourses determine our realities - Dominant discourses determine our realities - what counts as knowledge or truth in a what counts as knowledge or truth in a particular culture and what doesn’t.particular culture and what doesn’t.
• Some voices or views of the world are Some voices or views of the world are privileged (e.g. Anglo-Celtic males in Australia) privileged (e.g. Anglo-Celtic males in Australia) and some voices and knowledges are and some voices and knowledges are marginalised (e.g. those of indigenous people marginalised (e.g. those of indigenous people in Australia post-colonisation).in Australia post-colonisation).
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‘‘Othering’Othering’
•The colonial legacy, which is evident The colonial legacy, which is evident in many cultures in the region in many cultures in the region including Australia and Fiji, has including Australia and Fiji, has tended to ignore, marginalise or tended to ignore, marginalise or subordinate indigenous knowledges subordinate indigenous knowledges and has privileged Western ways of and has privileged Western ways of knowing. knowing.
•This has led to a process which is This has led to a process which is sometimes called ‘othering’. sometimes called ‘othering’.
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A definition of cultureA definition of culture
•…. a set of rules, written and unwritten, which instruct individuals on how to operate effectively with one another and with their environment. It not only defines ways to act, but also ways to react, and thus is a valuable tool …. It’s the way we do things around here.(Barbara Filner)
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Universal aspects of every Universal aspects of every cultureculture
• In a culture we all learn universal ways of bonding which become the basis of conflict across cultures:
– values, beliefs and attitudes establish our sense of self in relation to the group (individualistic/collectivist)
– language and ways of communicating – which reflect the history of our people, teach us a shared world view, guide as in unwritten rules of verbal and non-verbal communication
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Universal aspects of every Universal aspects of every cultureculture
– roles and responsibilities - how we treat each other, function in the world and respond to authority and status
– culturally imposed biases - ranking one group, profession or occupation as better than another
– every culture has recognition's and rewards – these reflect standards of what is worthy and acceptable, what is disapproved and unacceptable
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Cultural factors which impact Cultural factors which impact on cross-cultural on cross-cultural communication and conflictcommunication and conflict• language issues - miscommunication
and misinterpretation• incorrect assumptions• expectations that others will conform to
our world view• biases against the unfamiliar -
stereotyping, prejudice• values in conflict – e.g. Anglo-Celtic
values conflicting with those of indigenous communities
• high context/low context communication
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A framework for analysis of processes used to resolve conflicts in different cultures
•How is conflict conceived?•What are the perceptions of the
derivation of conflicts?•How is the resolution process
initiated?•Where are the meetings held ?•How long does the process take?•Who is included and how – is it
voluntary?•How flexible is the process?
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Framework for analysis of processes used to resolve conflicts in different cultures •How are the intermediaries selected?•What are the roles and responsibilities
of the people in conflict?•What are the characteristics, roles and
responsibilities of third parties?•How does the third-party prepare?•What is the nature of third-party
meetings with the conflicting parties?
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Framework for analysis of processes used to resolve conflicts in different cultures•Is the process linear or holistic?•Is the emphasis on preserving
or restoring relationships or on outcomes?
•How are solutions generated and selected?
•Who makes the decisions?•How is the process concluded?
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Indigenous cultures & Indigenous cultures & colonisationcolonisation
•We need to understand– the informal conflict resolution processes
occurring in the culture– the history of the experience within the
dominant culture– the desire for self determination– the central importance of the collective -
especially kinship and the extended family– Non-verbal aspects of communication – use
of eyes, gestures, silences, areas that cannot be shown or touched, greetings, titles etc
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Indigenous approaches to Indigenous approaches to conflict and its resolutionconflict and its resolutionSome common aspects in the Pacific Rim– respect for the elders in decision making– the central importance of harmony in relationships– the relevance of metaphor and stories to explain
events– the regard for the land as a spiritual phenomenon– the relativity of time– the indirect/circular nature of communication– the central need to protect/save face– the importance of ceremonies and rituals– the need for a third party to be well known and
respected by the participants.
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Cultural values & mediationCultural values & mediation• In mainstream Western cultures In mainstream Western cultures
individualised, direct, linear, individualised, direct, linear, confrontational, solution-oriented confrontational, solution-oriented approaches to conflict tend to be approaches to conflict tend to be promoted in some (not all) theoretical promoted in some (not all) theoretical models of mediationmodels of mediation
• Australian Indigenous communities and Australian Indigenous communities and many other cultural groups and many other cultural groups and individuals in the Asia Pacific may be individuals in the Asia Pacific may be more likely to value indirect more likely to value indirect communication, holistic approaches, communication, holistic approaches, harmony and the preservation or harmony and the preservation or restoration of relationships. restoration of relationships.
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Choice of mediatorChoice of mediator
•An ‘objective’ and ‘impartial’ An ‘objective’ and ‘impartial’ mediator may be prized in mediator may be prized in some cultural groups, or with some cultural groups, or with some kinds of disputessome kinds of disputes
•Respected, well-known elders Respected, well-known elders may be preferred in others may be preferred in others
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Mediation Training and Mediation Training and CultureCulture• Mediation trainers should explore both the Mediation trainers should explore both the
content and their approach to conflict content and their approach to conflict resolution training and its relationship to resolution training and its relationship to culture culture
• Western cultural assumptions about conflict Western cultural assumptions about conflict and how to resolve it are embedded in many and how to resolve it are embedded in many mediation models emanating from the West mediation models emanating from the West (e.g. the US) (e.g. the US)
• Western mediation trainers engage in a Western mediation trainers engage in a residue of imperialism when they attempt to residue of imperialism when they attempt to transfer their mediation models to other transfer their mediation models to other cultures as “the right way” to resolve cultures as “the right way” to resolve conflict conflict
Lederach (1995)Lederach (1995)
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Prescriptive versus elicitive Prescriptive versus elicitive approaches to mediation approaches to mediation trainingtraining• In In prescriptiveprescriptive, content-oriented approaches , content-oriented approaches
- the trainer is seen as the ‘expert’ and - the trainer is seen as the ‘expert’ and transfers information about a particular transfers information about a particular model or approach, requiring the participants model or approach, requiring the participants to master the prescribed mediation model to master the prescribed mediation model and the trainer’s technique. and the trainer’s technique.
• In In elicitiveelicitive approaches - the trainer is a approaches - the trainer is a catalyst and facilitator of a process of catalyst and facilitator of a process of discovery and empowers participants by discovery and empowers participants by facilitating the creation of their own conflict-facilitating the creation of their own conflict-resolution models founded on their own resolution models founded on their own cultural values and approaches.cultural values and approaches.
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Planning, preparation & Planning, preparation & partneringpartnering
•Culturally relevant, cross-cultural or Culturally relevant, cross-cultural or trans-national mediation training trans-national mediation training involves involves planning, preparation and planning, preparation and partneringpartnering and can be extremely and can be extremely time consumingtime consuming
•There is no substitute for There is no substitute for relationships, especially in non-relationships, especially in non-Western cultures, and relationship-Western cultures, and relationship-building takes timebuilding takes time
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First, do no harmFirst, do no harm
• Most people want to be helpful when they Most people want to be helpful when they travel to other countries, but some work to travel to other countries, but some work to contracts which demand specific outcomes contracts which demand specific outcomes that may be culturally inappropriate. that may be culturally inappropriate.
• Language can also be problematic, even if Language can also be problematic, even if the people all speak English or the same the people all speak English or the same language. The different cultural meanings language. The different cultural meanings attached to words and phrases and the use attached to words and phrases and the use of jargon can easily lead to of jargon can easily lead to misunderstandings and confusion. misunderstandings and confusion.
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First do no harmFirst do no harm
•There is also often inadequate There is also often inadequate time, or resources allocated, to time, or resources allocated, to prepare for the training. prepare for the training.
•Where partnerships are involved Where partnerships are involved there are sometimes there are sometimes imperialistic overtones; the imperialistic overtones; the partnerships are often not equal. partnerships are often not equal.
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Building on local Building on local traditionstraditionsTo develop the content of mediation To develop the content of mediation
training programs abroad - training programs abroad - elicit local elicit local ways of doing things from the locals ways of doing things from the locals themselvesthemselves..
The ultimate goal of mediation training The ultimate goal of mediation training abroad should be to abroad should be to encourage and encourage and empower the host/client to become empower the host/client to become self-sufficientself-sufficient. .
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Western mediation Western mediation educators and trainers educators and trainers
should:should:• develop in advance culturally relevant develop in advance culturally relevant substantive knowledge for the training substantive knowledge for the training plus knowledge of the relevant languages, plus knowledge of the relevant languages, histories, the cultures, politics and the histories, the cultures, politics and the contextual factors.contextual factors.
• demonstrate a visible and practical respect demonstrate a visible and practical respect for local norms and conflict resolution for local norms and conflict resolution traditions.traditions.
• acquire knowledge of what others who acquire knowledge of what others who have come before have done and how they have come before have done and how they were received. were received.
• take the time to build long-term take the time to build long-term relationships and friendships with people relationships and friendships with people in the countries where one works. in the countries where one works.
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Western educators and Western educators and trainers should:trainers should:plan ahead and plan ahead and • take a ‘not-knowing’ position with take a ‘not-knowing’ position with
regard to the norms of the culture regard to the norms of the culture • be flexible and open to new learning be flexible and open to new learning
and ways of communicatingand ways of communicating• gather all relevant information about gather all relevant information about
the participants and the broader the participants and the broader context – cultural customs, norms, context – cultural customs, norms, roles, status hierarchies, appropriate roles, status hierarchies, appropriate greetings, manners (do’s and don’ts), greetings, manners (do’s and don’ts), non-verbal communication etcnon-verbal communication etc
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Western mediation Western mediation educators and trainers educators and trainers should:should:• involve locals in the logistics and contentinvolve locals in the logistics and content• involve locals in the preparation for the involve locals in the preparation for the
training e.g. content of role playstraining e.g. content of role plays• involve locals as co-trainers and involve locals as co-trainers and
consultants consultants • where possible conduct the training in where possible conduct the training in
the language of the participantsthe language of the participants• use a highly participatory and elicitive use a highly participatory and elicitive
approach to the research/training approach to the research/training • build on existing knowledges and skillsbuild on existing knowledges and skills
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Western mediation educators Western mediation educators and trainers should:and trainers should:
• allow plenty of time for the participants to allow plenty of time for the participants to raise concerns and questions about raise concerns and questions about activities activities
• be receptive to feedback and evaluate be receptive to feedback and evaluate training activities daily training activities daily
• at the end of the training provide at the end of the training provide opportunities for each participant to give opportunities for each participant to give both oral and anonymous written both oral and anonymous written evaluations of the trainingevaluations of the training
• be accessible (e.g. via email) for follow up be accessible (e.g. via email) for follow up questions, information and coachingquestions, information and coaching
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Western mediation Western mediation educators & trainers educators & trainers should:should:• conduct follow up surveys or interviews conduct follow up surveys or interviews
with participants about the application of with participants about the application of their new mediation skills, how they have their new mediation skills, how they have modified them so they are culturally modified them so they are culturally relevant, and their future training needs relevant, and their future training needs
• if possible, organise follow-up training if possible, organise follow-up training events on related topics or more advanced events on related topics or more advanced training - follow-up is as important as training - follow-up is as important as preparationpreparation
• include or promote outstanding participants include or promote outstanding participants as trainers in future trainingas trainers in future training
• assist participants to plan ahead to obtain assist participants to plan ahead to obtain local support via networking , supervision local support via networking , supervision and continuing education, drawing on and continuing education, drawing on resources within their own contextresources within their own context
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ResearchResearch
•The same principles should apply The same principles should apply to research conducted in other to research conducted in other countries in the Asia Pacific countries in the Asia Pacific regionregion
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The Mediators Abroad The Mediators Abroad ProjectProject Our UniSA Mediators Abroad research Our UniSA Mediators Abroad research
project will involve Western researchers project will involve Western researchers partnering with Aboriginal and other partnering with Aboriginal and other indigenous researchers from various indigenous researchers from various countries and cultures to develop case countries and cultures to develop case studies which will illuminate values, studies which will illuminate values, attitudes and behaviours in relation to attitudes and behaviours in relation to conflict and its resolution that are conflict and its resolution that are culturally specific to communities and culturally specific to communities and groups in the Asia Pacific region groups in the Asia Pacific region
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Our research goals are to Our research goals are to develop case studies to:develop case studies to:• assist mediation educators and trainers from assist mediation educators and trainers from
different cultural backgrounds to learn from others different cultural backgrounds to learn from others and acknowledge and respect different cultural and acknowledge and respect different cultural norms, values and traditions with regard to conflicts norms, values and traditions with regard to conflicts and their resolutionand their resolution
• illuminate ways that local, traditional conflict illuminate ways that local, traditional conflict resolution processes could enhance current Western resolution processes could enhance current Western mediation models and practices and vice versamediation models and practices and vice versa
• suggest changes or modifications to approaches to suggest changes or modifications to approaches to the education and training of mediators (onshore the education and training of mediators (onshore and offshore), and to the concepts, structures, and offshore), and to the concepts, structures, processes andprocesses and models of mediation, to ensure models of mediation, to ensure cultural relevance.cultural relevance.
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Our goals is toOur goals is to
•publish our findings in a book publish our findings in a book for the benefit of mediation for the benefit of mediation educators, practitioners and educators, practitioners and consumers in Asia Pacific consumers in Asia Pacific countries, including countries, including Australia.Australia.
