Just a Little Bit of Respect - How Acknowledging Cultural Differences Can Be Key to Successful Mediations

Good mediators know just how important it is for parties to respect one another to be able to resolve disputes.  When there has been a dispute, respect often no longer exists between the parties.  It is important for counsel and the mediator to make sure that at least for purposes of the mediation the parties are respectful of each other 's positions and respectful about the business or person with whom the parties are negotiating.

Counsel for the parties may also have differences with opposing counsel or the adverse party.  All of these differences need to be set aside before mediation.  Counsel need to help their clients understand this.

It is also important to understand how culture impacts one’s perception of respect and what is expected. One must ask oneself, what considerations must be taken into account?  It is important to understand the value systems of all involved.

Although respect is important in a domestic setting it is even more important when one of the parties is from another country.  For those counsel who have represented foreign parties, you know how vital it is that customs are followed.   Even in a domestic setting it is important to show respect, for example, to someone who might be older or to someone who has a key role in a company.   In an international settings small and large moments can really matter. This encompasses everything from where people are seated at a mediation, how people greet one another, whether in person or by zoom, how business cards are presented and how people are addressed.

In her series of books Kiss, Bow or Shake Hands, author Terri Morrison provides advice on cultural differences to businesses who are conducting global operations. The State Department issues guidance on dealing with different cultures for its employees who are stationed around the world.  We have also offered guidance in an earlier blog post: Context Matters; Avoiding Missteps in Cross-Border Mediation. There are many resources to aid counsel in how to recognize what constitutes respect and to be able to advise his or her client appropriately.  Recognizing cultural differences and the importance of respect is key to a successful mediation.