What's a Cross-Cultural Mediator to Do - A Low-Context Solution for a High-Context Problem
![handle is hein.journals/cardcore10 and id is 45 raw text is: WHAT'S A CROSS-CULTURAL
MEDIATOR TO DO?
A LOW-CONTEXT SOLUTION FOR A
HIGH-CONTEXT PROBLEM
By John Barkai *
I am what I am and that's all that I am.1
INTRODUCTION
As the use of mediation increases, mediators are more likely
to be involved in cross-cultural mediation. Even the most skilled
and experienced mediator will face new challenges in cross-cultural
mediation. Although only a handful of mediators have the oppor-
tunity to mediate cross-border business disputes or international
political conflicts,2 domestic mediators are increasingly likely to be
involved in disputes between people who represent distinctly dif-
ferent ethnic, racial, or national origin cultures.'
This article will explore issues facing mediators in cross-cul-
tural conflicts, offer suggestions for conducting cross-cultural medi-
ations, and propose a template of factors that mediators should
consider when assisting parties in cross-cultural mediation. The
factors will come largely from research by social scientists and an-
thropologists, particularly Edward T. Hall and Geert Hofstede.
* Professor of Law, William S. Richardson School of Law, University of Hawaii; University
of Michigan. B.B.A. 1967, M.B.A. 1968, J.D. 1971.
I Parody Song Lyrics Popeye Song, http://www.amiright.com//parody/80s/ediebrickellthe
newbohemians0.shtml (last visited Mar. 11, 2006). These are words frequently spoken by the
children's cartoon character, Popeye the Sailor Man from the theme song What I Am by
Andrew Morse. Just as Popeye's words imply that Popeye cannot change who he is, mediators
with low-context communication styles may not be able to adjust their communication styles to
work well with high-context communicating parties.
2 See JACQUELINE NOLAN-HALEY, HAROLD ABRAMSON & PAT K. CHEW, INTERNATIONAL
CONFLICT RESOLUTION: CONSENSUAL ADR PROCESSES (2005) for a useful guide to such dis-
putes. See BRUCE E. BARNES, CULTURE, CONFLICT, AND MEDIATION IN THE ASIAN PACIFIC
(2006) for a focus on cross-cultural differences for Asian and Pacific cultures.
3 Among the many different levels of culture are national, regional, ethnic, religious, lin-
guistic, gender, generational, social class, organizational, departmental, and corporate levels. See
GEERT HOFSTEDE, CULTURES AND ORGANIZATIONS: SOFTWARE OF THE MIND 11 (2005) [here-
inafter HOFSTEDE, SOFTWARE].](ViewImageLocal?handle=hein.journals/cardcore10&div=6&collection=&method=preview&ext=.png&size=3)
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What's a Cross-Cultural Mediator to Do - A Low-Context Solution for a High-Context Problem
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