The relevance and effects of
Western mediation education and
training in the Asia Pacific.
Associate Professor Dale Bagshaw PhD
Director of Conflict Management Research &
Postgraduate Studies in Mediation and
Conflict Management
University of South Australia
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Some common assumptions?
• Relationships between and within groups and
individuals form the basic building blocks of all
functioning societies
• Conflicts and disputes are a normal part of
relationships and decision-making processes
• Conflict is necessary for good decisions, for
development, change, learning and intimacy
• It is the way that we handle conflict which causes
difficulties that may require mediation – e.g. fight or
flee, give in, compromise or dialogue and reach a
consensus.
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Mediation in the Asia Pacific
• In the Asia Pacific region there is a longstanding history of informal
conflict resolution practices involving intermediaries or third parties.
• Some traditional practices are similar to what Westerners define as
mediation where the parties make their own decisions, others are more
like arbitration, where the third party (e.g. a Chief or Elder) makes the
decision.
• Traditional mediation practices are often grounded in religious
principles e.g. Islamic, Confucian, Christian
• Informal use of intermediaries is common in most indigenous cultures in
the region e.g. the kong chin among Chinese, kampong kutu or penghulu
among Malays
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Some examples of mediation
practices in the region
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China
Singapore
Malaysia
Japan
Thailand
Indonesia
The Philippines
India – influenced by Gandhian principles
Aboriginal Australians
New Zealand Maori
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Dominant ways of knowing
• Epistemology is the study of the nature and foundation of
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knowledge.
Epistemology is concerned with who can be a knower, what
constitutes truth and how truth is verified.
The French philosopher, Michele Foucault, examined who
controls what and whose knowledge counts in particular
contexts at particular points in history and highlighted how
knowledge is socially and culturally constructed through
language (as discourse)
All knowledge or ‘truth’ is situated in time and in a particular
cultural context.
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What do I mean by discourse
• Dominant ways of talking about things in a cultural group,
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e.g. masculinity or femininity, which determines what we see
as being ‘normal’ or ‘abnormal’. Without language we have
no thought.
Dominant discourses determine our realities - what counts
as knowledge or truth in a particular culture and what
doesn’t.
Some voices or views of the world are privileged (e.g.
Anglo-Celtic males in Australia) and some voices and
knowledges are marginalised (e.g. those of indigenous
people in Australia post-colonisation).
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‘Othering’
• The colonial legacy, which is evident in many
cultures in the region including Australia and
Fiji, has tended to ignore, marginalise or
subordinate indigenous knowledges and has
privileged Western ways of knowing.
• This has led to a process which is sometimes
called ‘othering’.
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A definition of culture
• …. a set of rules, written and unwritten, which
instruct individuals on how to operate
effectively with one another and with their
environment. It not only defines ways to act,
but also ways to react, and thus is a valuable
tool …. It’s the way we do things around here.
(Barbara Filner)
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Universal aspects of every culture
• In a culture we all learn universal ways of bonding
which become the basis of conflict across cultures:
– values, beliefs and attitudes establish our sense of self in
relation to the group (individualistic/collectivist)
– language and ways of communicating – which reflect the
history of our people, teach us a shared world view, guide
as in unwritten rules of verbal and non-verbal
communication
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Universal aspects of every culture
– roles and responsibilities - how we treat each other,
function in the world and respond to authority and status
– culturally imposed biases - ranking one group, profession
or occupation as better than another
– every culture has recognition's and rewards – these
reflect standards of what is worthy and acceptable, what
is disapproved and unacceptable
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Cultural factors which impact on crosscultural communication and conflict
• language issues - miscommunication and
misinterpretation
• incorrect assumptions
• expectations that others will conform to our world
view
• biases against the unfamiliar - stereotyping,
prejudice
• values in conflict – e.g. Anglo-Celtic values
conflicting with those of indigenous communities
• high context/low context communication
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A framework for analysis of processes used to
resolve conflicts in different cultures
• How is conflict conceived?
• What are the perceptions of the derivation
of conflicts?
• How is the resolution process initiated?
• Where are the meetings held ?
• How long does the process take?
• Who is included and how – is it voluntary?
• How flexible is the process?
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Framework for analysis of processes
used to resolve conflicts in different
cultures
• How are the intermediaries selected?
• What are the roles and responsibilities of
the people in conflict?
• What are the characteristics, roles and
responsibilities of third parties?
• How does the third-party prepare?
• What is the nature of third-party meetings
with the conflicting parties?
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Framework for analysis of processes
used to resolve conflicts in different
cultures
• Is the process linear or holistic?
• Is the emphasis on preserving or
restoring relationships or on outcomes?
• How are solutions generated and
selected?
• Who makes the decisions?
• How is the process concluded?
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Indigenous cultures & colonisation
• We need to understand
– the informal conflict resolution processes occurring in the
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culture
the history of the experience within the dominant culture
the desire for self determination
the central importance of the collective - especially
kinship and the extended family
Non-verbal aspects of communication – use of eyes,
gestures, silences, areas that cannot be shown or
touched, greetings, titles etc
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Indigenous approaches to conflict
and its resolution
Some common aspects in the Pacific Rim
– respect for the elders in decision making
– the central importance of harmony in relationships
– the relevance of metaphor and stories to explain events
– the regard for the land as a spiritual phenomenon
– the relativity of time
– the indirect/circular nature of communication
– the central need to protect/save face
– the importance of ceremonies and rituals
– the need for a third party to be well known and respected by the
participants.
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Cultural values & mediation
• In mainstream Western cultures individualised,
direct, linear, confrontational, solution-oriented
approaches to conflict tend to be promoted in
some (not all) theoretical models of mediation
• Australian Indigenous communities and many other
cultural groups and individuals in the Asia Pacific
may be more likely to value indirect communication,
holistic approaches, harmony and the preservation
or restoration of relationships.
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Choice of mediator
•An ‘objective’ and ‘impartial’
mediator may be prized in some
cultural groups, or with some kinds
of disputes
•Respected, well-known elders may
be preferred in others
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Mediation Training and Culture
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Mediation trainers should explore both the content and
their approach to conflict resolution training and its
relationship to culture
• Western cultural assumptions about conflict and how to
resolve it are embedded in many mediation models emanating
from the West (e.g. the US)
• Western mediation trainers engage in a residue of
imperialism when they attempt to transfer their mediation
models to other cultures as “the right way” to resolve
conflict
Lederach (1995)
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Prescriptive versus elicitive
approaches to mediation training
• In prescriptive, content-oriented approaches - the
trainer is seen as the ‘expert’ and transfers
information about a particular model or approach,
requiring the participants to master the prescribed
mediation model and the trainer’s technique.
• In elicitive approaches - the trainer is a catalyst and
facilitator of a process of discovery and empowers
participants by facilitating the creation of their own
conflict-resolution models founded on their own
cultural values and approaches.
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Planning, preparation & partnering
• Culturally relevant, cross-cultural or trans-
national mediation training involves planning,
preparation and partnering and can be
extremely time consuming
• There is no substitute for relationships,
especially in non-Western cultures, and
relationship-building takes time
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First, do no harm
• Most people want to be helpful when they travel to
other countries, but some work to contracts which
demand specific outcomes that may be culturally
inappropriate.
• Language can also be problematic, even if the
people all speak English or the same language.
The different cultural meanings attached to words
and phrases and the use of jargon can easily lead
to misunderstandings and confusion.
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First do no harm
• There is also often inadequate time, or
resources allocated, to prepare for the
training.
• Where partnerships are involved there are
sometimes imperialistic overtones; the
partnerships are often not equal.
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Building on local traditions
To develop the content of mediation training
programs abroad - elicit local ways of doing
things from the locals themselves.
The ultimate goal of mediation training abroad
should be to encourage and empower the
host/client to become self-sufficient.
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Western mediation educators and
trainers should:
• develop in advance culturally relevant substantive
knowledge for the training plus knowledge of the
relevant languages, histories, the cultures, politics
and the contextual factors.
• demonstrate a visible and practical respect for local
norms and conflict resolution traditions.
• acquire knowledge of what others who have come
before have done and how they were received.
• take the time to build long-term relationships and
friendships with people in the countries where one
works.
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Western educators and trainers
should:
plan ahead and
• take a ‘not-knowing’ position with regard to the
norms of the culture
• be flexible and open to new learning and ways of
communicating
• gather all relevant information about the
participants and the broader context – cultural
customs, norms, roles, status hierarchies,
appropriate greetings, manners (do’s and don’ts),
non-verbal communication etc
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Western mediation educators and
trainers should:
• involve locals in the logistics and content
• involve locals in the preparation for the training e.g.
content of role plays
• involve locals as co-trainers and consultants
• where possible conduct the training in the language
of the participants
• use a highly participatory and elicitive approach to
the research/training
• build on existing knowledges and skills
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Western mediation educators and
trainers should:
• allow plenty of time for the participants to raise
concerns and questions about activities
• be receptive to feedback and evaluate training
activities daily
• at the end of the training provide opportunities for
each participant to give both oral and anonymous
written evaluations of the training
• be accessible (e.g. via email) for follow up questions,
information and coaching
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Western mediation educators &
trainers should:
• conduct follow up surveys or interviews with participants
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about the application of their new mediation skills, how they
have modified them so they are culturally relevant, and their
future training needs
if possible, organise follow-up training events on related
topics or more advanced training - follow-up is as important
as preparation
include or promote outstanding participants as trainers in
future training
assist participants to plan ahead to obtain local support via
networking , supervision and continuing education, drawing
on resources within their own context
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Research
• The same principles should apply to
research conducted in other countries in the
Asia Pacific region
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The Mediators Abroad Project
Our UniSA Mediators Abroad research project
will involve Western researchers partnering with
Aboriginal and other indigenous researchers from
various countries and cultures to develop case
studies which will illuminate values, attitudes and
behaviours in relation to conflict and its resolution
that are culturally specific to communities and
groups in the Asia Pacific region
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Our research goals are to develop
case studies to:
• assist mediation educators and trainers from different
cultural backgrounds to learn from others and acknowledge
and respect different cultural norms, values and traditions
with regard to conflicts and their resolution
• illuminate ways that local, traditional conflict resolution
processes could enhance current Western mediation models
and practices and vice versa
• suggest changes or modifications to approaches to the
education and training of mediators (onshore and offshore),
and to the concepts, structures, processes and models of
mediation, to ensure cultural relevance.
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Our goals is to
• publish our findings in a book for the
benefit of mediation educators,
practitioners and consumers in Asia
Pacific countries, including Australia.
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dale.bagshaw@unisa.edu.au
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