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Full-Text Articles in Dispute Resolution and Arbitration
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Research Collection Yong Pung How School Of Law
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, …
Book Review: Contemporary Issues In Mediation (Volume 1), Dorcas Quek Anderson
Book Review: Contemporary Issues In Mediation (Volume 1), Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This is a review of a publication by Singapore International Mediation Institute (SIMI) featuring the top ten entries of its inaugural essay writing competition. The author comments on the essays covering a range of topics in the mediation field including the impact of Singapore culture on the practice of mediation; mediation theories and techniques; and the interface between mediation and the law.
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander
Research Collection Yong Pung How School Of Law
This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …
Mediation And The Myth Of Universality, Nadja Alexander
Mediation And The Myth Of Universality, Nadja Alexander
Research Collection Yong Pung How School Of Law
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 theories 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 …
Mediating Commitments, Ian Macduff
Mediating Commitments, Ian Macduff
Research Collection Yong Pung How School Of Law
This paper explores the implications of one aspect of intercultural theory –the dimension of power distance– in order to comment on the nature of commitments in the mediation process. The familiar model of Western ediation assumes that parties can identify core interests and negotiate around those, through prioritising, trading and balancing. At the heart of our thinking about commitments are our ideas about agency, autonomy, and accountability. However, a core implication of empirical work on power distance suggests that expectations of deference may lead some participants to avoid direct decision-making responsibility and, rather than work towards commitments, to act on …
The Chameleon Mediator, Nadja Alexander
The Chameleon Mediator, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the early phases of the Anglo-American mediation movement, certain models were promoted in theory and training and applied in practice. The models differed, depending on the background of the trainers/mediators, the cultural context and the jurisdiction in which the training and practice took place. In the mediation world of shared understandings and collaboration, there was often competition and sometimes even conflict among advocates of the various theories, models, approaches and styles.