The Mediator’s Toolkit: Cultural Competence – Transcending Cultural Differences in Mediation

The concept of ‘culture’ has various meanings and definitions. One such definition is as follows: culture refers to “customary beliefs, social norms, and material features of a racial, religious, or social group; also: the characteristic features of everyday existence (such as amusements or a way of life) shared by people at a place or time” (Merriam-Webster). So while culture is frequently interpreted in terms of characteristics related to an individual’s or group’s national or regional origins, this perspective is limited.

Scholars from fields of study including psychology, sociology, anthropology, business studies, and communications consider how culture influences people’s thoughts, actions, and interactions. A respected professor emeritus at Maastricht University, Geert Hofstede, has published widely cited research in which he identifies ways to describe national cultures. In addition, Hofstede considers the implications of national cultural characteristics for business-related practices and relationships. In particular, in his many studies, Hofstede presents that the cultures of countries and regions can be described in the following five dimensions: power distance, individualism, masculinity, uncertainty avoidance, and long-term orientation. The central conclusion of Hofstede’s research is that the way a country is characterized in terms of the five dimensions explains, if not predicts, the behaviors and business practices of people in and of those countries or regions.

It is worth challenging the notion that the cultural characteristics of a country or region will explain how all people in that country or region will think, act or interact. At the same time, there seems to be some validity to the notion that a lack of attention to cultural differences can offend, if not compromise, the success of relationships and interactions. For example, in business school students are reminded that cultural differences can, perhaps in some cases more than others, influence business practices and affect the success of cross-cultural business interactions. Classic examples include Japanese businessmen interpreting index finger pointing as an insult or a Chinese businesswoman giving a gift to establish a business relationship. A key takeaway from these generic examples of cultural differences and Hofstede’s research is that successful interactions with people from cultures other than our own require consideration of and respect for cultural differences, at least to find common ground on which to build relationships. and interactions.

A key implication of the definition of culture provided above and Hofstede’s discussion is that culture functions as a basis for grouping people based on common cultural characteristics and distinguishing them from others based on differences in their cultural characteristics. However, according to the definition of culture presented above, while a person’s country or region of origin may influence that person’s culture, it is not the only influence on that person’s cultural identity. Rather, cultural identity is shaped by a multitude of factors, including religious beliefs, ethnicity, education, social affiliations, social class, interests, gender identity, neighborhood, profession, organization , the department and work group in which one works, etc. The possible influences on an individual’s culture, as such, are endless.

As a result, people of the same national cultural background may share certain cultural characteristics, but may have radically different cultural identities; this is due to the combination of cultural characteristics that make up the respective cultural identity of each person. In addition, because an individual’s cultural identity will influence their thoughts, actions, and interactions, differences in cultural identities between parties to a communication or interaction may affect the effectiveness of their communications and interactions; this can happen despite having shared cultural characteristics, such as those related to religion or national origin. For example, cultural differences can influence both the assumptions and expectations of the communicating parties to the point of leading to misunderstandings, miscommunication, and conflict. As Geert Hofstede states: “Culture is more often a source of conflict than of synergy. Cultural differences are at best a nuisance and often a disaster.”

Cultural differences not only reasonably contribute to, or even cause, conflicts, but may also affect the ability or willingness of interacting parties to resolve differences. More specifically, the influence of culture on an individual’s perspective (ie, assumptions, expectations, beliefs) can be so strong that it blinds the individual to the existence of alternative viewpoints. Indeed, cultural differences can contribute to the unwillingness of parties to an interaction to admit that there might be another way of perceiving a situation or set of circumstances. In some cases, cultural differences can contribute to the inability of parties in an interaction to see another perspective on a conflict or dispute. Thus, cultural differences between disputing parties not only influence how each party thinks, acts, and interacts, but also affects the potential for discord and the possibility and success of dispute resolution efforts.

A question that may arise is: what does this have to do with mediation? As has been suggested, a key source of conflict is differing perspectives. As also suggested, different perspectives often stem from cultural differences. Therefore, a mediator’s ability to navigate cultural differences between disputing parties is critical to successful dispute resolution. That is, a mediator facilitates discussions between parties despite cultural differences that contribute to the barriers to understanding and communication that led to the dispute in the first place. And, this ability to navigate cultural differences is necessary if a mediator is to assist in finding a resolution that appeals to all disputing parties. Indeed, ‘cultural competence’ is an essential skill in a mediator’s toolkit.

Cultural competence is a term that refers to the ability of an individual or group of individuals to navigate cultural variations with sensitivity and balance. Cultural competence is a core skill that a mediator must master. Cultural competence refers to a mediator’s ability to: (a) understand how culture and/or cultural differences permeate a dispute; (b) find ways to overcome cultural differences as they find points of agreement on which to build in dispute resolution efforts. As such, the mediator has the fundamental task of facilitating the dispute resolution process in a way that is respectful of cultural differences, but that focuses on resolving a dispute to the satisfaction of all parties.

To conclude, whether culture is derived from the country of origin or from a multitude of other sources, it has an influence on people’s thoughts and actions. Given these influences, it can be seen that culture has a prominent role and influence on people’s interactions, including their disputes. If the crux of the mediator’s role is to help conflicting parties find common ground on which to build dispute resolution, and to do so despite cultural differences, cultural competence is one of the essential skills in mediation. mediator’s toolkit. Cultural competence is not about a mediator suppressing, explaining, or paying lip service to cultural differences that exist between parties to a dispute. Cultural competence is about recognizing the implications of cultural differences for a dispute and its outcomes, and then respectfully and productively transcending them to reach an optimal resolution for all parties to the dispute.