Business Conflict Blog

Continuing with the series on models of conflict resolution that are not based on the parties’ interests, below is reproduced another chapter in a proposed book on alternatives to Western mediation methods.  This one — the Arab practice of sulha – is centuries old, pre-dating even the Prophet, and its motivating considerations are an amalgam of the community’s desire for stability, aggrieved parties’ need for restored honor, and accused parties’ need for reconciliation and regaining face.

Vindicating individuals’ particular interests is nowhere to be found. Read more »

Tags: Culture

As the next installment in a series of essays on alternatives to interest-based negotiation, the Hawaiian practice of ho’oponopono is discussed.  In this spiritually-influenced ritual, secular conflicts are identified, brought to the table, admitted, and forgiven, and the family group achieves reconciliation and forgiveness. Read more »

Tags: Culture

Over the transom from our good friends at the International Mediation Institute comes this announcement:

The Inter-Cultural Taskforce of the IMI Independent Standards Commission (ISC), after a year of meetings and consultation, is publishing  for comment Draft Criteria for the planned IMI Inter-Cultural Competency Certification of Mediators.

Organisations approved by the ISC as an Inter-Cultural Qualifying Assessment Program (ICQAP) will assess mediators for their mastery of inter-cultural dynamics and qualify mediators for IMI Inter-Cultural Certification. The launch of this new initiative is planned for late 2011 following a public consultation period and testing of the criteria in a pilot program.

This is the first I heard of this initiative, and all I know is what I read.  From what I read…. Read more »

Tags: ADR Institutions, Culture, Mediation, Training

A recent post noted that Wang Cheng Jie, Secretary General of the Mediation Centers of the China Center for Promotion of International Trade, delivered an insightful and provocative presentation at the World Mediation Forum in Athens on March 12.  Mr. Wang has kindly given permission for his remarks to appear on this blog.

Wang Cheng Jie’s point is alluringly straightforward:  Insofar as mediation is flexible and adaptable, it hinges upon the parties’ own preferences, styles and predispositions.  This being the case, then mediation that involves two parties with strongly distinctive culture expectations — as between Chinese and western parties — might be an invitation to misunderstanding and confusion.  In his essay, Mr. Wang explains why commercial mediation between eastern and western parties may easily go seriously awry.

We are honored that Wang Chen Jie has granted this blog permission to reprint his remarks for this wider audience, and eager to share his useful and perceptive remarks, which appear below as they were delivered in Athens.  I hope that readers will share my deep respect and high regard for Wang Cheng Jie’s invaluable insights. Read more »

Tags: Mediation, Negotiation