Mediation as a Tool for Overcoming Cultural Barriers in Negotiations. A Comparison between Germany, Brazil, France and Sweden


Book Description

Diploma Thesis from the year 2004 in the subject Communications - Intercultural Communication, grade: 1,7, , course: Diplomarbeit, language: English, abstract: The aim of this work is to investigate the role of culture in a cross-cultural business encounter and to investigate the potential of mediation for these specific situations. The results should help to reach an understanding and improvement of communication in these situations - knowing that communication is one of the most vital manager’s tasks that takes up between 50 and 90 % of a manager’s time. Therefore communication that is not disturbed by cultural misunderstandings is essential for the success of any cross-cultural enterprise. The first main part examines if there are any differences in the way that these nations approach business - especially negotiations – and if so, the disclosed differences will be laid down and explained with an outlook on the cultural roots of these specific issues of behaviour. The main focus rests on Germany as a starting point with which the other cultures will be compared. Different approaches regarding research findings in the cultural field will be presented and applied to the particularities found in the named nations. In the second main part mediation will be scrutinized as a possible tool to facilitate cross-cultural negotiations. It will be questioned whether mediation may be helpful in a cross-cultural context, which aspects of mediation can help to overcome the special barrier culture in negotiations, working methods and which factors may have to be considered with special care in such a situation. This will be done with a focus on the cultural dimensions presented in the first part. In a next step, cultural training will be briefly presented as a human resources tool that may help to prepare for a temporary stay abroad and for cooperation with members of other cultures. For this different training methods will be explained. In a conclusion the findings of this paper will be summarised, specific advice for negotiations with the cultures under scrutiny will be given and a general checklist for cross-cultural negotiations will be presented. It must be stressed that this paper will not be an empirical work, but concentrate on the analysis of the existing literature and partly resort to interviews carried out by the author. In total this work should be an inducement for further research on the influence of culture on negotiations within Europe and the advantages that mediation can offer for cross-cultural encounters.







Commercial Mediation in Europe


Book Description

For many businesses, mediation is seen as a swifter and cost-effective alternative to conventional forms of dispute resolution. Although its acceptance by policymakers in Europe has been slow, the recent development by various EU Member States of legal and institutional frameworks for commercial mediation have been complemented by a European framework for cross-border civil and commercial mediation, the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters. This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the Øresund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author’s analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.




Mediation


Book Description

When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation. In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future. Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover: Models and principles from various domains of mediation: family, business & labor, public affairs, international relations A mediation framework to prepare for mediation and to run its process smoothly A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving Mediation traps and how to avoid them—for mediators and parties alike Ethics of mediation and questions of responsibility Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.




Nordic Mediation Research


Book Description

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.




International Mediation: Breaking Business Deadlock


Book Description

International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.




New Approaches to International Negotiation and Mediation


Book Description

Part I: Applied Theory. Recent advances in negotiation theory and application to skills training / by Daniel Druckman and Victor Robinson -- Adjusted winner theory: applications to the South China Sea / by Steven Brams -- Part II: Simulations. Computer-based simulation: Antarctic treaty and Falklands/Malvinas negotiations / by Jack Child -- Crisis negotiation environment project / by Jonathan Wilkenfeld and Sarit Kraus -- Strengthening the Biological Weapons Convention: a teaching simulation / by Marie Isabelle Chevrier -- Part III: Internal Conflicts. Negotiating an end in civil wars: general findings / by Roy Licklider -- Negotiating for peace in Liberia: conclusions and recommendations / by Richard Joseph -- Negotiating with "villains" / by Bertram Spector -- Conclusions: Bridging theory and practice -- Appendix: Theoretical aspects of adjusted winner theory.




International and Comparative Mediation


Book Description

"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.




The Fugitive Identity of Mediation


Book Description

Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.




Mediation in the Conflict Resolution Process


Book Description

Seminar paper from the year 2015 in the subject Politics - Topic: Peace and Conflict, Security, grade: 1, Uppsala University (Department of Peace and Conflict Research), course: International Conflict Resolution, language: English, abstract: Mediation is the first step towards many conflict resolution processes. Yet, key aspects on the circumstances of mediation processes and the role of the mediator herself are still disputed. This paper seeks to examine the role of mediation within the field of conflict resolution and its implications on durable peace. Furthermore, mediation will be put in relation to the spoiler concept and deriving consequences are discussed. The role of mediation is described very differently throughout the literature, depending on the focus of analysis and pre-assumptions on what mediation is, how it works, and what the ultimate goals are. On the one hand, we see scholars framing mediation entirely as a conflict resolution enterprise, whereas others understand mediation as a tool for conflict management and transformation. Research on different levels of mediation like the international states sphere, the intra-state environment, or local mediation has elevated different findings on when mediation is successful and when it is not. Therefore, it will be clarified in the first place what understandings of mediation we face in research and how these interpretations relate to each other. In a next step, it will be discussed why mediation is important and what theoretical problems are met by the tool. Afterwards, the paper will focus on the conditions of mediation and their positive and negative effects on the process of conflict resolution. Finally, the spoiler concept will be introduced and compared to mediation.