Cross-Cultural Mediation - A Low-Context Solution for a High-Context Problem

Sep 17, 2026

Cross-cultural mediation faces distinct challenges as mediators increasingly handle disputes among parties from different ethnic, racial, and national-origin cultures. The article examines mediator issues in cross-cultural conflicts, drawing on research from social scientists and anthropologists such as Edward T. Hall and Geert Hofstede. It emphasizes adapting communication approaches, especially when mediating commercial conflicts involving Asian parties, where negotiation styles may diverge sharply from American practices.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages48

Reading Time2 h 1 min

AccessFree to download

Introduction

Cultural differences

A definition of culture

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 opportunity 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 different ethnic, racial, or national origin cultures.3 This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, 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 anthropologists, 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. 1 Parody Song Lyrics Popeye Song, [http://www.amiright.com//parody/80s/ediebrickellthe](http://www.amiright.com//parody/80s/ediebrickellthe)[ ](http://www.amiright.com//parody/80s/ediebrickellthe)[newbohemians0.shtml](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 disputes. 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, linguistic, gender, generational, social class, organizational, departmental, and corporate levels. See GEERT HOFSTEDE, CULTURES AND ORGANIZATIONS: SOFTWARE OF THE MIND 11 (2005) [hereinafter HOFSTEDE, SOFTWARE] . 44 CARDOZO J. OF CONFLICT RESOLUTION [Vol. 10:43 Although my focus is cross-cultural mediation in general, the emphasis of this article is on mediating with Asian parties4 in commercial disputes. The Asia-Pacific region has been the primary focus of my ADR interests, teaching5, and research for the past twenty-five years. The twenty-first century is likely to be the Asian Century, as the economic power of Asia comes into line with the fact that over one-half of the world’s population lives there.6 An increasingly larger portion of international trade will involve Asian parties, due to the globalization of business and the increasing production, purchasing power, and population of Asian countries. Increased Asian trade means that there will be many cross-cultural business deal-making and dispute-resolving negotiations, and probably an increased use of mediation by Asian trading partners when business conflicts arise. Asian negotiation styles in general, and Japanese and Chinese negotiation styles in particular, represent polar opposite approaches to American negotiation styles. These differences are more likely to lead to impasses during negotiation and subsequent mediations with Asian parties, unless mediators understand and adapt to the cross-cultural differences of the parties and use different approaches from those used in domestic U.S. mediations. 4 Latin and South American, African, Middle Eastern, and some European parties are also likely to present special difficulties for Ameri

FAQs

How does the article relate communication context to mediation effectiveness?

Mediators with low-context communication styles may struggle to adjust when dealing with high-context communicating parties, potentially affecting their ability to work effectively with such parties.

Sep 17, 2026

Uploaded by Lucas Martin