Cross-Cultivate Intermediation - Term Paper Example

Cross-Cultural Mediation Conflict mediation entails establishing a peaceful solution among the disagreeing parties. Mediator requires the intervention of a neutral mediator to facilitate the process. In the context of this reflection dissertation, the conflict entails a cultural verses modern perspective among the stakeholders that is the Aboriginal Australians against the health industry, which is introducing modern medical practices. The conflict in its dynamics is vast; hence, taking a neutral approach is key as it tests the mediator’s skills accordingly. I also integrate the overview of the stakeholder perspectives in addition to the reflection from the process undertaken in mediating the reflection. Introduction Culture is a particularly relevant factor for consideration within any association existent in the relations that humans engage. Culture significantly shapes the way in which conflicts occur and the procedural undertaking for mitigating or addressing the dispute that arises while observing the confines of the justice system. Understanding the shape of the conflicts, the stakeholders in the conflict and the standards existent in the confines of the conflict facilitates the process of developing the suitable cross-cultural mediation approach. Mediation entails creating a link to the conflict to facilitate resolution of the same and establish a common understanding among the differing parties. Thus, in this context the mediator is a key element of conflict solving process. Overview The society is complex and consequently, as people of different origins engage they are bound to conflict as differences in practice and beliefs take their toll (Bingham, 2009). Explaining to another person from a different culture how one’s own culture works is quite not an easy task. Further, explaining to someone how your beliefs and approach to life undertakings works is even more difficult. The natural programming of the human species is such that when their perceptions or beliefs differ, establishing a common understanding is essentially the task of a third party to mediate. Stakeholder perspectives Encounters between the Aboriginal people versus the other Australians often create a sense of discomfort irrespective of the good will entailed from both sides (Aboriginal cultures and history, 2012). Presenting selected encounters in the two sides, there is always the limitation of that the conflict is so diverse that establishing a unifying explanatory model becomes difficult. The Aboriginal Australians are usually communal and seek to sustain their cultural practices and beliefs (Aboriginal cultures and history, 2012). Thus, addressing their health issues extensively relies on the on the understanding of their practices. Originally, they rely on their traditional medicine. Thus, being highly reluctant to adopt modern techniques of medicine is a major concern for conflict. Their perception is that the modern health technology is unsafe and not for their use. Further, they say it is contrary to their beliefs, and it interferes with their natural settings. The Aboriginal extensively determine that their health is best addressed using their traditional medicine (Aboriginal cultures and history, 2012). Thus, from this perspective, they highly oppose the introduction of modern medical practices, forcing the need for establishing an emancipation process to help them integrate the modern technology. The introduction of modern medical technology proved offensive to them, causing them to oppose insistently the undertaking. The conflict is further worsened by their literacy levels, as being traditional, they face a language barrier. They are inherently cupped as language difference makes it remarkably hard to communicate with most of them. Thus, the process of reaching out to them to address the conflict proves essentially difficult. The other Australians are naturally inclined towards modern technology and foreign cultures. Further, the structures in place for the country, particularly the health sector prove notably inclined towards the modern health practices. Therefore, the factor of managing the health differences of the natives is their core responsibility. Therefore, in their understanding from the social perspective, they recognize the position taken by the Aboriginals is from their lack of proper understanding and the element of influential negative leadership from the community leaders. Further, this party also understands the levels of illiteracy and their role in the position taken by the Aboriginals that feel violated. The Mediator From the mediators perspective, the understanding is that the mediation process will entail a neutral ground that factors the level of engagement of the Aboriginal side. Notably, as the disadvantaged party, the Aboriginals need to be convinced that the proposal taken from the health side seeks to address their concerns and serve them accordingly. Further, the mediator also understands that the health side ought to employ a diplomatic approach in which they do not force their services on the Aboriginal people. Therefore, understanding these aspects of the conflict helps in following the situation in the study and establishing a common meeting ground for the two parties. Process analysis An exemplary mediator ought to establish what needs to be done in addition to his capacity in being the correct person for addressing the conflict. In his considerations, he needs to factor whether he has the right skills and resources as well as the support system to be successful. In whatever the conflict, as the mediator, one should not let institutional affiliation or personal commitment to cloud their judgment (Apollon, 2014). The mediator and the parties entailed in the conflict need to acknowledge their stance and understand their own shortcomings for the mediation within that particulate conflict. In mediating techniques, there are varied methods of approach to the process of engaging the conflict. Notably, as high profile mediators, the notable mediation strategy entails asking the parties to draw their official representatives and facilitate a considerable amount of resources at their disposal to approach the conflict accordingly (Bercovitch & Jackson, 2011). Therefore, while engaging the mediation process, it is essential to establish whether the strategy selected is appropriate to the identity of the mediator. It is fatal to conduct weak negotiations as such may tend to throw the weight on either side causing a slip to the negotiation. In establishing the value for the mediation process, it is essential to factor the elements of credibility, portfolio skills, and cross-cultural awareness. Credibility and trust are key to the process of conflict mediation. These elements are built over time alongside relationship with the different parties partaking in the conflict. There are several standards of conduct that facilitate the mediator to earn and maintain the trust in the conflicting parties (Bercovitch & Jackson, 2011). Such standards include performing competently, consistently and predictably. Moreover, communication in an open and accurate manner while keeping balance between transparency and confidentiality is key to facilitating trust. The mediator ought to interact appropriately and with equal levels of proximity with the two warring parties in order to facilitate the possibility of the conflict resolution (Apollon, 2014). In the conflict process, some level of distrust remains and in some aspect it is helpful as it encourages reasonable vigilance on the possibilities of being manipulated or misled. Further, it also helps in disrupting excessive group cohesion which when not checked can easily result in a groupthink and refusal to accommodate new ideas (Bercovitch & Jackson, 2011). Therefore, trust and credibility as values facilitate the mediator to establish a common ground for the parties to sit and address their differences. Another key element in approaching the conflict as depicted in this case study is to establish broad portfolio of skills. As the mediator skills are achieved through regular studies, workshops, training manuals and reference books, establishing approaches for facilitating the negotiations (Bingham, 2009). However, a notable factor is that even with all resources and such reference material, the personal skills and attributes still prove essential to the success of the mediator. The portfolio skills that facilitate value in the mediation include, cultivating the practice of active listening, which in return will reassure the parties that the concerns they present in the process are being heard and understood. Active listening creates the motivation for the parties conflicting to engage in the mediation negotiations actively. Another aspect is conducting open-ended questioning, which in return encourages meaningful answers. The practice of reframing proposal through paraphrasing or summarizing is another component that creates value in the mediation process. Approach the problem through a descriptive concept that factors all the symptoms and causes of the problem (Bingham, 2009). This will enable the establishment of solutions that address the concerns of the parties satisfactorily. Notably, there is such an abundance of literature regarding the establishment of portfolio skills, thus, the choice of the mediator is key to addressing the concerns of the conflicting parties (Radulescu & Mitrut, 2012). Notably, difference in culture is the notable element to understand in mediating such conflicts. Communication patterns differ across the state of the nation or ethnicity. Culturally distinctive expectations regarding the interpretation of deeply relevant processes of the mediation influence the outcome. Therefore, as the mediator to keep value in the negotiations, they ought to establish an understanding of the local language or in factor in established and reliable interpreters that are familiar with the local communication styles (Bercovitch & Jackson, 2011). For instance, factors such as courtesy forms, their use of humor, patterns entailed in reciprocity and conveying respect and gratitude are key to enable the successful engagement of the parties in the negotiation without feelings of one party being favored. Another cross-cultural aspect entailed in the mediation is the perception that the parties have towards the mediators cultural identity. Some key aspects such as the nationality, ethnicity and religion of mediator may impair the mediation. Therefore, the mediation team should have a cross-eyed approach with regard to skill and acumen of the members entailed in the negotiations (Bingham, 2009). The inclusion of some neutral members in the mediation team or selecting a mediator from a different and neutral side is key to establishing successful mediation process. Therefore, observing these factors will essentially assist the mediator to successfully facilitate the mediation process among the conflicting parties. Reflection In view of the case study, the factor to incorporate into the evaluation of the cultural differences may impair the resolution border along the social aspects of the parties. Notably, the Aboriginal people are traditional in their approach, and this impairs the norms they present in the case. Their norms factor in a deep sense of respect and observation of their cultural practices. This implies that convincing them of the foreign techniques of approach is going to prove notably difficult. Another aspect is their values concerning beliefs and ability to hold their beliefs (Aboriginal cultures and history, 2012). They remain true to their stance a factor that makes it difficult to convince them of the different approach to their health beliefs and practices. Further, in reflecting their language aspect, it is notable that language will also prove a difficult procedure to establish as they are illiterate. The mediation process will face significant dimensions of culture that may adversely impede the mediations. In its characteristic aspect, the understanding of their new cultures is remarkably negative. They perceive the new techniques being introduced as interfering with their traditions and affecting the position they have regarding their interactions and associations (Aboriginal cultures and history, 2012). Therefore, the core factor for consideration should elaborate the understanding of the parties accordingly towards each other, to respect each other and approach the mediation from a common ground that exemplifies neutral factor for defining the terms of the mediation. The case in this mediation is different in that it undertakes a different approach to the usual conflicts observed, of two parties each holding a high end and refusing to see the need for the negotiations (Bingham, 2009). The conflict, in this case, entails a society that is traditional in its approach to the case and feels violated from the approach that the conflict is taking, as it is interfering with its long term practices. The Aboriginal Australians are observing that introducing the foreign practices of medicine and health interferes with the beliefs and norms. Further, it causes an imbalance the aspects of spirituality entailed in the healing process. Therefore, the key to actively understanding the conflict is from the perspective of the foreign practices alleged to cause the imbalance in the community. Notably, the conflict is drawn between the traditional against the government, which is in the form of the health sector. Thus, this aspect is very diverse from the usual conflict which entails too equal parties disagreeing on a given ideology or belief (Radulescu & Mitrut, 2012). The conflict also differs in that the approach from the parties is such that one party is persuasive while the other is antagonistic. The Aboriginals are antagonistic in that they are feeling violated while the health sector is persuasive in that it is introducing its practices to the Aboriginal people with the aim of assisting them. Therefore, such a mediation process is essentially different from the usual mediation that factors are warring parties. The features unique to this situation include that the Aboriginal do actually need the part the health sector is offering although, in their current stance, they need also that their norms and practices be observed and respected. Therefore, this consideration is extensively impairing the healing process for the established conflict. Conclusion In conclusion, from this case in illustration, I note the key understanding that conflicts can take varied shapes, some of which may not appear as adverse. For instance, this case includes two very unlikely and incomparable parties that are the Aboriginal community versus the health sector of the country. The understanding of the mediator already shows that the party that requires the emancipation is established, thus, as the mediator, although, not taking sides, in this case, you only need to facilitate the talks. It is a complex situation, and it will be very easy to be inclined to one side, however, as a good mediator, one needs to maintain impartiality (Apollon, 2014). Thus, the key lesson is maintaining impartiality. References Aboriginal cultures and history. (2012). The Aboriginal Nurse,, 3. Retrieved from http://search.proquest.com/docview/234984487?accountid=458 Apollon, G. (2014). Cross-cultural Deal Mediation as a New ADR Method for International Business Transactions. Law and Business Review of the Americas, 20(2), 255-301. Bercovitch, J., & Jackson, R. (2011). Negotiation or mediation?: An exploration of factors affecting the choice of conflict management in international conflict. Negotiation Journal, 17(1), 59-77. Bingham, L. B. (2009). The mediation process (2nd edition). International Journal of Conflict Management, 8(2), 166-170. Radulescu, D. M., & Mitrut, D. (2012). Intercultural mediation. International Journal of Academic Research in Business and Social Sciences, 2(11), 344-350. Read More