The relevance and effects of Western mediation education and training in the Asia Pacific .

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

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.

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

Some examples of mediation practices in the region • China • Singapore • Malaysia • Japan • Thailand • Indonesia • The Philippines • India – influenced by Gandhian principles • Aboriginal Australians • New Zealand Maori

Dominant ways of knowing • Epistemology is the study of the nature and foundation of 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.

What do I mean by discourse • Dominant ways of talking about things in a cultural group, 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).

‘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’.

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)

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

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

Cultural factors which impact on cross-cultural 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

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?

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?

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?

Indigenous cultures & colonisation • We need to understand • the informal conflict resolution processes occurring in the 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

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.

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.

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

Mediation Training and Culture • 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)

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.

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

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.

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.

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.

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.

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

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

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

Western mediation educators & trainers should: • conduct follow up surveys or interviews with participants 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

Research • The same principles should apply to research conducted in other countries in the Asia Pacific region

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

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 andmodels of mediation, to ensure cultural relevance.

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.

dale.bagshaw@unisa.edu.au

The relevance and effects of Western mediation education and training in the Asia Pacific .