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Conducting a Multicultural Mediation

In our multi-cultural society, disputes arise between individuals from different ethnic, racial and cultural backgrounds and between businesses, both domestic and international, run by these individuals.  The cultural background of the parties to a litigated dispute plays an important role in how they approach dispute resolution generally and their comfort level with the negotiating process.

Many cultures around the world engaged in a form of mediation to resolve disputes long before the independence of the United States, let alone the current popular wave of mediation as a dispute resolution technique.  At present time in these cultures, while lawyers may be consulted about a dispute, lawsuits are generally avoided and the dispute is resolved between the parties directly or with the assistance of a neutral. Whereas this is usually not the American way, it is important for a mediator to discuss the parties’ views about dispute resolution and gain an understanding of how disputes are resolved in each party’s community or country of origin.  This also presents an opportunity for the mediator to discuss the litigation process in the U.S. to make sure that the parties are on the same page as to what to expect not only in terms of the mediation itself, but the future of the case if it is not resolved.

Another very important aspect of cultural differences affecting a mediation is the comfort level of the parties with the negotiation or bargaining process.  In many cultures, bargaining is a daily experience involving the purchase of everything from food to clothing.  Individuals from these cultures are very comfortable and patient with the bargaining process and actually enjoy it.  Parties of U.S. origin may be very impatient with the negotiating process and usually want to get to the bottom line.  In a mediation between the bargaining culture and the price tag culture, the mediator’s challenge is to keep the sticker price folks in the room and open to considering the multiple offers and counteroffers received from the bargainers.  In my experience, this can be done in part by discussing the bargainers comfort level with the negotiating process.  On the other hand, the mediator’s challenge with the bargainers is to get them to pull the trigger and agree to settle at the point in the mediation when the parties have in the mediator’s view gone as far as they can in resolving their differences.

— Bruce

Bruce A. Friedman is a mediator and arbitrator with an international practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently. For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com, his profile at ADRServices.org, or call him at (310) 201-0010.

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Category: Bruce's CornerBy bfriedmanMay 7, 2013

Author: bfriedman

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Blog Categories
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Recent Posts
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Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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