Cultural Issues in Mediation Research Paper

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Required Course Materials: Articles, book chapters and other material available. Other readings may be assigned during the semester at the instructor’s discretion. Recommended Course Materials: Bush, R. A. B., & Folger, J. P. (2005). The Promise of Mediation: The Transformative Approach to Conflict (Rev. ed.). San Francisco: Jossey-Bass. Moore, C. (2003). The Mediation Process: Practical Strategies for Resolving Conflict (3rd ed.). San Francisco: Jossey-Bass. Course Requirements/Assignments: o Reflection Component : Each reflection paper should be no more than four typed, double-spaced pages. These are to be written in response to questions and should draw heavily on class discussion, in-class exercises, readings, video examples and other media. Research Component : prepare a research paper on a mediation topic of their choice. The research paper must address a topic of some theoretical or practical concern in the mediation field. The research paper will describe an issue or problem related to mediation that has no simple answer, evokes conflicting views, or is difficult to handle in practice. The research paper itself should be 10 to 12 pages in length, not including references; it is expected that there will be no fewer than 15 and no more than 50 references, including but not limited to course material. o Experiential Component : will compare theory to reality in an individual instance or experience. There are two options: (1) participate in mediation to resolve a personal ongoing conflict, or (2) intervene and use mediation skills to help someone else in conflict. Option 1, using mediation, is highly preferred. To access mediation at no cost to you, visit Community Mediation Maryland at www.mdmediation.org. Students will prepare and submit a 3 to 5 page paper about their experience, with references to course content. Expectations Regarding Written Work students is expected to be clear, concise, grammatically correct, free of spelling or typographical errors, and prepared in a 12-point font with one-inch margins. All sources are to be cited, consistent with University policy. The program recommends Diana Hacker’s A Pocket Style Manual, which provides valuable guidelines on grammar and usage, as well as a section on the APA citation format to be used for all written work submitted. For all written work, students are encouraged to have someone else proofread their work prior to submission to check spelling, grammar, writing style, punctuation, proper vocabulary, citation format, etc. 1 Mediation Approaches Resolutionary People Video Mediation/Arbitration Role Play Mediation Stories What Mediators Bring to the Table ▪ ▪ ▪ ▪ ▪ Readings: Maryland Program for Mediator Excellence – Mediation Definitions http://www.courts.state.md.us/macro/pdfs/mediationframeworkdescriptions.pdf Consumers Guide to ADR Services in Maryland, (pp. 3-16, 80-83) http://www.mdcourts.gov/macro/pdfs/consumersguide/consumersguidetoadrservices.pdf Zumeta, Zena D. (2000) Styles of Mediation: Facilitative, Evaluative and Transformative Mediation www.mediate.com/articles/zumeta.cfm Bush, Robert A. Baruch & Joseph P. Folger. (2005) Chapter 1 The Mediation Field: An Overview and Four Stories (The Promise of Mediation: The Transformative Approach to Conflict, New and Revised Edition, San Francisco, CA:Jossey-Bass. pp. 7-39) Mosten, Forrest (2001). Mediation Career Guide. San Francisco: Jossey-Bass Publishers. Chapters 1-3, pp. 3-45. 2 Facilitative and Inclusive Mediation How Shall I Mediate Thee Video Tough Moments in Mediation Opening Statements Reframing Information Gathering Co-Mediation Agreement Writing Applications/Venues Readings: ▪ ▪ ▪ ▪ Beer, Jennifer E., & Eileen Stief, (1997) The Mediation Session (The Mediator’s Handbook, Gabriola Island, BC:New Society Publishers, 1997, pp. 25-64) HARD COPY BF 637.N4B44 1997 Schwerin, Edward W. (1995) The Community Mediation Movement, Ch. 2 (Mediation, Citizen Empowerment, and Transformational Politics, Westport, CT:Praeger, pp. 13-33) HARD COPY HM 136.S395 1995 Moore, Christopher (2003). The Mediation Process, Practical Strategies for Resolving Conflict (Updated and revised 3rd edition). San Francisco: Jossey-Bass Publishers, chapters 1 and 2, pp. 381 Model Standards of Conduct for Mediators, (2005) ABA, ACR, AAA, http://www.abanet.org/dispute/news/ModelStandardsofConductforMediatorsfinal05.pdf 3 Evaluative and Analytical Mediation Questioning Problem-Solving Caucusing Closing Readings ▪ ▪ ▪ Stulberg, Joseph B. (1987) The Mediator’s Job, Chapter 4 (Taking Charge/Managing Conflict, Lexington, MA:Lexington Books, pp. 31-41) HARD COPY HD 42.S78 1987 Crocker, Chester A., Fen Osler Hampson, & Pamela Aall, editors. (2003) Herding Cats: Multiparty Mediation in a Complex World (United States Institute of Peace, Washington DC, 1999, pp. 3-17) HARD COPY JZ 6045.H47 2003 Bercovitch, Jacob (2001). “Mediation in International Conflict.” In I. William Zartman and J. Lewis Rasmussen, eds., Peacemaking in International Conflict, Methods and Techniques. Washington, DC: United States Institute of Peace Press, pp. 125-153 ▪ ▪ Flexibility in International Negotiation and Mediation; The Annals of the American Academy of Political and Social Science, Vol. 54, 168-184. Thousand Oaks, CA: SAGE. Botes, Johannes (2003). “Informal Roles.” In S. Cheldelin, D. Druckman and L. Fast, Conflict: From Analysis to Resolution. New York, NY: Continuum, chapter 12, pp. 210-219 4 Special Guest: Tenelle Davis Chambers Community Conference Facilitator Conflict Resolution Center of Baltimore County Narrative Mediation and Restorative Justice Story-telling Power of an Apology Applications/Venues Readings ▪ ▪ ▪ ▪ Rifkin, Janet., Jonathan Millen, and Sara Cobb, (1991) Toward a New Discourse for Mediation: A Critique of Neutrality (Mediation Quarterly, Vol. 9, No. 2, Winter, pp. 151-164) HARD COPY UB Law Library Periodicals Cobb, Sara. (1993) Empowerment and Mediation: A Narrative Perspective (Negotiation Journal, Vol. 9, No. 3, July 1993, pp. 245-259) HARD COPY UB Law Library Periodicals Zehr, Howard, (2002) The Little Book of Restorative Justice. Good Books. Intercourse, PA. Hansen, Toran, and Mark Umbreit, (2018) “State of Knowledge: Four Decades of Victim-Offender Mediation Research and Practice.” Conflict Resolution Quarterly, Vol. 36, Number 2. 5 Reflection Paper One Due – Discuss the various models of mediation we have covered in the course using references to the literature. Then, describe a personal conflict and provide an analysis about which model or models might best be applied to it and why. Reading Transformative Mediation Empowerment and Recognition Reflecting Summarizing Backing Out Staying Out Checking In ▪ Folger, Joseph P, Robert A. Baruch Bush, and Dorothy J. Della Noce (Eds.) 2010. Transformative Mediation: A Sourcebook. Chapters 1 and 2, pp. 15-50. 6 Starting Your Mediation Why We Do What We Do Readings ▪ ▪ ▪ Charkoudian, Lorig, et. al., “Mediation by Any Other Name Would Smell as Sweet - or Would It? The Struggle to Define Mediation and Its Various Approaches.” Conflict Resolution Quarterly. 26(3) Spring 2009. Riskin, Leonard L. (2003). “Decision making in Mediation: The New Old Grid and the New New Grid System.” Notre Dame Law Review, 79(1). pp. 1-53. Charkoudian, Lorig, et. al., “What Difference Does ADR Make? Comparison of ADR and Trial Outcomes in Small Claims Court.” Conflict Resolution Quarterly #34 2017. 7 Agreement Writing When is mediation appropriate? When is it not? Mediation Intake and Screening Ethical Dilemmas Reading: ▪ Herrman, Margaret S. et al., (April 2002). “Defining Mediator Knowledge and Skills,” Negotiation Journal, Vol. 17: 2, 139-153 8 Reflection Paper Two Due – Write out your opening statement for a mediation – Using references to course content, discuss what is included and why. Manipulation – Identification Continuum Practitioners and Frameworks Pressure to settle Mediation vs. Settlement Conference Ending a mediation Reading: ▪ Erickson, Stephen K. and Marvin E. Johnson. (2010). “ADR Techniques and Procedures Flowing Through Porous Boundaries: Flooding the ADR Landscape and Confusing the Public.” Practical Dispute Resolution. 9 Mediator Interventions and Participant Responses Effects of gender and race matching and mismatching among mediators and participants Diversity and Inclusion Privilege and Prejudice Readings ▪ Charkoudian, Lorig and Ellen Kabcenell Wayne. “Fairness, Understanding, and Satisfaction: Impact of Mediator and Participant Race and Gender on Participants' Perception of Mediation.” Conflict Resolution Quarterly. 28(1) Fall 2010. 10 Hot Issues Certification and Licensure Readings ▪ Model Standards for Mediation Certification Programs http://www.imis100us2.com/acr/ACR/Resources/Model_Standards/ACR/Resources/Model_Stan dards.aspx?hkey=315fc2bd-2cac-422b-82bf-b3160b6a1b08 11 Reading: ▪ American Bar Association. “Report on the Task Force on Research on Mediator Techniques.” June 12, 2017. 12 Experiential Narrative Due Readings: ▪ Lang, Michael D. and Taylor, Alison (2000). “The Making of a Mediator, Developing Artistry in Practice.” San Francisco, CA: Jossey-Bass Publishers, chapters 1, 5, and 8; pp. 3-22, 93-118, 191213 ▪ Bowling Daniel and David A. Hoffman (2003). “Bringing Peace into the Room, the Personal Qualities of the Mediator and Their Impact on the Mediation.” In Bowling Daniel and David A. Hoffman, eds. Bringing Peace into the Room, How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution. San Francisco, CA: Jossey-Bass, Chapter 1, pp.13-47 9
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Cultural issues in mediation: individualist and collectivist paradigm
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Table of Contents
1.0 Introduction ............................................................................................................................. 3
2.0 Issue/ Problem ......................................................................................................................... 3
2.1

Individualistic culture ...................................................................................................... 4

2.2

Collectivists Culture ......................................................................................................... 5

3.0 The influence of culture on Mediation .................................................................................. 5
3.1 Culture and Communication.............................................................................................. 6
3.2 Culture and Interests .......................................................................................................... 6
4.0 Factors influencing the individualist/ Collectivists Behavior.............................................. 7
4.1 Demographic Factors .......................................................................................................... 7
4.2 Context ................................................................................................................................. 9
5.0 Solving cultural issues in Mediation ...................................................................................... 9
6.0 The Mediation Process ......................................................................................................... 11
7.0 Summary and Conclusion .................................................................................................... 12
References ..................................................................................................................................... 13

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1.0 Introduction
Disputes and conflicts are an inevitable fact of life. At the workplace, for example, the poor
management of conflicts and disagreements can quickly sap morale, impact the rate of productivity
among the employees and even prompt bigger conflicts. Among the various approaches used in
the management of conflicts is Mediation. This technique is a form of conflict management in
which a third party assists two or more conflicting parties to find a solution without resorting to
the use of force. Mediation has a longer history in practice as compared to research (Wall Jr, 2001).
This conflict resolution tool has roots in and is strongly influenced by the concept of religion and
local cultural practices. The use and study of intermediary intervention dates back to the 1960s.
Ideally, the question of how to make Mediation successful has since occupied both practitioners
and students in the field. While some mediators are successful in managing conflict, others tend to
fail miserably. It is not often clear which mediation activities lead to failure and which lead to
success (Eisenkopf & Bächtiger, 2013).
2.0 Issue/ Problem
While mediators often think of themselves as advancing a progressive and positive
orientation to conflict, the mainstream facilitative mediation practices are often undermined by
cultural differences. Cultural perspectives of its participants influence every foundation of
Mediation. Ideally, the differences in the perspectives tend to impede an agreement if the
participating parties’ views diverge on various issues such as individual autonomy and group
interdependence. The way culture differs during conflict resolution has been a long-standing topic
interest to the participants in the field of Mediation. The success of Mediation is often influenced
by the ability of a party to understand the other’ point of view fully. Ideally, a mediation ought to
be fully aware of how good understanding can be affected by cultural factors and how cultural
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barriers can arise at each phase of Mediation. Two broad classifications can be used when creating
an understanding of the impact of culture on Mediation. This division comprises of an
Individualistic and a Collectivist culture. The culture issue that arises during Mediation in the
content of individualism and collectivism is attributed to the differentiation of interests. Creating
a mediation plan without proper consideration of the cultural differences can not only lengthen the
process of Mediation but can also fuel the conflicts.
2.1

Individualistic culture
Individualism is defined as a social pattern that places the highest value on the interests of

the individual as opposed to the group. This component emphasi...


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