Coauthor Christopher Honeyman was struck by the flagging “marketability” of mainstream professionally trained mediators in the U.S. More and more parties were choosing retired judges and other practitioners who were not classically trained mediators to help them resolve their disputes. Searching for an explanation of this phenomenon, Honeyman found a possible answer in Melbourne, Australia, where he listened with a Western ear to the presentations of coauthors Loretta Kelly and Bee Chen Goh about the importance of connectedness and individual perceptions of authority to the parties in the mediation of indigenous disputes. In this article, the authors present case histories from Australia and Malaysia to illustrate these concepts. They contend the same concepts are behind the shifting of the market for mediation in the United States.
The idea of peace has to be framed cross-culturally. For example, individualist cultures may tend to think of peace in association with justice and fairness notions whereas collectivist cultures may interpret peace in alliance with harmony and face-saving values. In quite subconscious and silent ways (as this is often how cultures operate), the pursuit of peace can mean different things to different people. Furthermore, generally speaking, individualism promotes a transactional style of communication and collectivism favours a relational approach. Such respective communication styles can unconsciously impact upon the peace process. From a cross-cultural perspective, one's religious and/or philosophical leanings play yet another significant role in peace articulation.The purpose of this Paper is to draw together the meaning of peace in its widest sense, yet give it the most cogent and concise application so as to make the idea of peace a 'walk-your-talk' exercise. For, until then, we can all be armchair critics, and peace will remain on remote horizons.
A notable feature of Chinese disputing behaviour is that it almost always carries some public element within it, unlike the essentially private nature of disputes with Westerners. Consequently, remedies reflect public characteristics. As an example, a remedy in the form of an apology may have better significance for a Chinese disputant than a monetary award which may be considered to be 'undignified' . An apology, expressed in a public forum like a newspaper, serves to vindicate not only private rights as being of immediate relevance not only to the disputants concerned, but also to the aggrieved families.An enlightened cross-cultural mediator can truly benefit from insights into the remedies in Chinese dispute resolution. As it were, the settling of disputes is a desired outcome; the ability to render culturally appropriate awards must, by all accounts, represent a mediation highpoint. It is hoped that this article will shed some light on such a process.
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