Mediating Multiculturally: Culture and the Ethical Mediator

This commentary on mediating multiculturally in a chapter of Mediation Ethics (edited by Ellen Waldman) suggests there are times when mediators should not mediate, because of their own ethical commitments. Commenting on a hypothetical divorce scenario (of Ziba, a 17 year old from her 44 year old husband, with two children aged 3 and 2, where the parties claim to want Shari’a principles to apply), the author (Carrie Menkel-Meadow) suggests that she would not mediate a case which might violate formal laws (American marriage and divorce laws) or infringe on rights that one of the parties might not be fully aware of. A variety of sources of ethics, including formal law, legal and mediation ethical rules, and personal ethical commitments may structure how mediators choose whether to take a case, educate the parties about their rights, make a referral, or how to mediate if complex (and different for each of the parties and/or the mediator) legal, moral, religious and cultural values are at stake. The chapter contains contrasting views expressed by two different mediators, with summary and commentary by the book’s editor

Outward Bound to Other Cultures: Seven Guidelines for U.S. Dispute Resolution Trainers

Would you like to go to Delhi to train people in negotiations? the email message inquires. Are you kidding? you think to yourself. Of course, I would get to do in an exotic location what I enjoy doing at home – helping others to resolve conflicts. And I also would meet fascinating people and tour an intriguing city and country with a local host. YES, you reply after working out the logistical details. Now as you begin to pack your off-the-shelf training materials, you start to wonder how you should adapt your training for this foreign location. You do not want to be accused of cultural imperialism or insensitivity. This article will explore what to do before getting on the airplane, from the point-of-view of a U.S. trainer

Selecting Mediators and Representing Clients in Cross-Cultural Disputes

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006)

Protocols for International Arbitrators Who Dare to Settle Cases

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do? In this article, the author explores the dilemma presented when one neutral tries to both arbitrate and settle a case, considers the range of settlement initiatives available for arbitrators who try to settle, and then recommends protocols that arbitrators should adopt if they dare to try to settle cases

Selecting Mediators and Representing Clients in Cross-Cultural Disputes

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006)