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...Bias is a reflection of cultural and psychological
context. It is intrinsically human and therefore unavoidable. |
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Stephen Jay Gould |
Bill, an African American
high school student, was accosted by three Indochinese students at the school
bus-stop. Accusations by the Indochinese that they are being harassed by the
African Americans were denied and a fight erupted. Little physical damage was
done to any student, but grave threats were made and large-scale combat between
Indochinese and African Americans (with the aid of sympathetic whites and
Chicanos) is imminent. The African American student agrees to meet with Tuan,
the leader of the Indochinese group that he says assaulted him.
The Indochinese
students claimed that the African American, Chicano, and white students made
fun of how they talk and said that they ate dogs, were all on welfare, and
smelled bad. They said that they were tired of being harassed and were prepared
to fight to settle these issues.
The African Americans
complained that the Indochinese thought they were better than anyone else, that
they ran around in a large group, and that if you had trouble with any one of
them, their whole family ganged up on you. They claimed that they all acted
like “goody-goodies” in class and were prejudiced against African Americans.
During the mediation
session, each student was encouraged to talk about his family history and
background. The African American student learned about the special value many
refugee families place on education as the only hope for a better life. He also
heard about the long-standing traditional respect for teachers that sometimes
came across as goody-goody behavior. Tuan, in turn, learned how many Black
students felt who had been facing prejudice from white students and who
believed that their hard-won status was being taken away by the Asian
newcomers.
Through the mediation,
agreements were made to introduce larger groups of students to the cultural
celebrations of each community, and a joint proposal was made to the school
administration for a “one-world” day designed by students for the entire
school.
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Within the broad subject of culture, we have selected five major issues because of their effect on communities, workplaces, and schools, i.e., places where conflicts are likely to occur. These issues are: language, assumptions, expectations, biases, and values. Before exploring each issue further, we suggest that you complete the following Mediation and Culture IQ Quiz, as if you were the mediator of the situation.
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Under each topic are
four sentences. Mark each one “True” or “False”:
1. Language Issues
In completing an
agreement between two people from different cultures, the mediator summarizes
the progress and says, “It looks like we’re ready to move on to an agreement,
aren’t we?” As a mediator, you know you’re being understood when...
___people nod
their heads.
___the
participants say “Yes.”
___both disputants
smile often.
___there is no
nod, smile, or sign of response.
2. Incorrect Assumptions
One participant reacts
in total silence to a summary statement the mediator has just made. The other
participant interrupts the mediator continually with questions and adds more
details. As a mediator, you assume...
___the quiet
person is shy and withdrawn (insecure).
___the quiet
person is uninterested in what is going on.
___the interrupter
is simply demonstrating commitment and interest.
___the
interrupter is totally self‑centered and not interested in what is going
on.
3. Expectations
A carefully
groomed person comes in dressed in a pin‑striped “power suit.” The other
participant wears a turban and a long flowing robe. As a mediator, you expect
that...
___the person in
the suit is trying to set up a power play.
___the person in
the suit is in a position of power in the everyday world.
___the
person in the turban and robe does not fully understand what is going on.
___the person in
the turban and robe has some weird and unusual beliefs.
4. Biases
Participants in a mediation are a
landlord and an unemployed tenant. As a mediator, you believe that...
___the
landlord has more resources to draw upon than the tenant has.
___the
landlord can afford to compromise.
___the
tenant is the underdog in this situation, and without the mediator’s help,
could be taken advantage of.
___the
tenant has no other resources.
5. Values in Conflict
A merchant and a
dissatisfied consumer meet in a mediation over the quality of a service
performed. In response to the mediator’s suggestion that they talk to each
other, they begin verbal attacks. A shouting match ensues. As mediator, you...
___quickly
stop the discussion so that more productive communication can occur.
___switch the
subject to one that is less volatile.
___encourage the
disputants to modify their styles.
___stop
the mediation because clearly these two will never come to agreement.
You have no doubt
guessed that all the statements could be either True or False depending on
context.
Now that you have
completed the Mediation and Culture IQ Quiz, let’s go back over the issues and
examine them one by one to see how culture might affect behavior in a
mediation. We will address each of the True/False phrases as they appeared in
the Quiz.
As explained
below, a number of options exist for interpretation by the mediator:
1. With
respect to Language Issues, it
is obvious that words and accents get in the way of effective communication
across cultures; however, non‑verbal responses may also become a problem.
<People
nod their heads.>
Gestures do
not convey universal meanings. Westerners generally assume that head nodding
means agreement, yet in other cultures, non‑verbal responses such as head
nodding may mean “Yes,” “No,” or the reverse of what one might assume.
<The
participants say “Yes.”>
Verbally,
there is even a difference among cultures as to the meaning of “Yes.” The word
“Yes” could mean any one of the same responses as the nod described above or go
all the way to indicate total agreement. However, “Yes” may also mean “I disagree,
but I do not want to break the harmony of the moment by saying so.”
<Both
disputants smile often.>
Although
smiling is universal, Westerners generally interpret smiles to mean approval or
pleasure. Other cultures employ smiling only as a recognition signal, similar
to the non‑verbal nod or a “Yes” response, or to cover up embarrassment.
<There is
no nod, smile, or sign of response.>
Westerners in
general expect a response of some kind, non‑verbal or verbal. In some
other cultures, lack of a tangible response is common and does not signify
indifference or rudeness.
2. With
respect to Incorrect Assumptions, again all answers could be True or
False because, although communication is universal, styles are not. Different
cultures interrupt or respond to silence in different ways.
<The quiet person is shy and
withdrawn (insecure).>
In mainstream American culture, a
quiet response can indicate many things depending on the circumstances, but in
general, Westerners are uncomfortable with silence. They tend to fill in the
blanks either by making comments, completing the other person’s sentences, or
beginning a new topic. However, silent responses in other cultures may simply
offer time to think and may be much more comfortable.
<The quiet
person is uninterested in what is going on.>
Signals
indicating interest vary from culture to culture. Westerners often expect a
strong response, while other cultures display interest much more subtly. A
respectful silence honoring what has been said may be interpreted incorrectly
as lack of interest.
<The
interrupter is simply demonstrating commitment and interest.>
This is often
the case. However, people from cultures in which they are comfortable when
interrupting may not be showing interest, but actually using the interruptions
as an ego‑building effort or as a debating ploy.
<The
interrupter is totally self‑centered and not interested in what is going
on.>
Interrupting
conversations has become acceptable to many Americans. It is important for the
mediator to understand that to someone from a culture in which interruptions
are considered rude, the interruptions may be interpreted as self‑centeredness
and lack of interest.
3. With
respect to Expectations, people
often draw conclusions about status and authority based on clothing. Their
expectations may lead them to judge people by their dress.
<The
person in the suit is trying to set up a power play.>
Although it
may appear that this is the case, it is important to remember that dress is an
integral part of culture. What people wear, and their degree of formality or
informality, may indicate that they are merely following the norms of their own
group; power plays may or may not be the issue here.
<The
person in the suit is in a position of power in the everyday world.>
As well as
being a cultural symbol, clothes may also be a symbol of individual differences
and self‑expression, with no intent to display dominance. The person in
the non‑traditional dress may, in fact, be quite powerful. For some
people dress is a costume or a statement, while for others it has very little
or no significance at all.
<The
person in the turban and robe does not fully understand what is going on.>
The mediator
may conclude inadvertently that the way a person is dressed has something to do
with his or her understanding of the details of the mediation. The mediator
could then make a counterproductive effort to attempt to correct what is
perceived as an imbalance of power.
<The person in
the turban and robe has some weird and unusual beliefs.>
This may or
may not be true. Mediators should be careful not to jump to conclusions. In
addition, the robed person’s beliefs may have no bearing on the dispute or its
outcome.
4. With
respect to Biases, occupation is
only one of many biases that may be damaging to a successful mediation.
Although mainstream American culture is often considered egalitarian, landlords
are most often seen as rich and all‑powerful. In reality, this is often
not true.
<The landlord
has more resources to draw upon than the tenant has.>
This, too, is
another example of bias. In the actual case, the reality was that the “rich”
landlord was someone whose only income was derived from this rental property
and the money issue in the mediation was the only difference between his
solvency and bankruptcy.
<The
landlord can afford to compromise.>
Although
perhaps true in other cases, in this case, compromise on money was not
possible.
<The
tenant is the underdog in this situation, and without the mediator’s help,
could be taken advantage of.>
A mediator’s
bias about who is the underdog may impede a satisfactory resolution. Mediators
must also remember that landlords and tenants may have their own biases about
obligations and duties.
<The tenant
has no other resources.>
An out‑of‑work
tenant is not necessarily powerless or without resources. In our example, an
agreement based on the tenant’s resources was reached because it included
services and offers to find another tenant. In other words, mediation produced
a non‑monetary answer to a question framed in dollar terms.
A culturally
sensitive mediator will help landlords and tenants explore and exchange their
cultural perspectives in fashioning an agreement that goes beyond the biases
and satisfies the interests of each party.
5. With
respect to Values in Conflict,
cultural approaches to communication often reflect values. In a mediation, the
values of the participants may conflict with each other as well as with those
of the mediator.
<Quickly
stop the discussion so that more productive communication can occur.>
What’s needed
here is for the mediator to assess the situation to determine whether the
mediation is proceeding constructively.
The mediator
may be thinking in terms of his or her own value system, i.e., that productive
speaking can only occur in a non‑emotional atmosphere and that raised
voices indicate lack of control. In reality, the cultures of the participants
may be dictating communication patterns different from the mediator’s and each
other’s.
<Switch
the subject to one that is less volatile.>
The subject
may still be both appropriate and capable of a successful resolution and,
therefore, should remain on the table. At the same time, the participants may
come from cultures that accept passionate involvement and loud voices
as part of interpersonal communication and may value a confrontational approach
to problem solving.
Although the
mediator must continue to control the process, cultural sensitivity requires a
broader definition of respectful communication.
While the
mediator may feel that switching topics to get beyond an impasse would be
useful, doing so may deny the participants an opportunity to work through an
important issue in a manner dictated by their own values.
<Encourage
the disputants to modify their styles.>
Modifying
styles may be appropriate. On the other hand, the real issue is an assessment
of how each participant’s style is affecting the other participant. For
example, if one party seems offended or shuts down, the mediator should
certainly intervene, keeping in mind that effective communication is important
even if there are raised voices.
<Stop the
mediation because clearly these two will never come to agreement.>
At this point,
a mediator could stop the mediation with the idea that there is no chance for a
resolution. However, in some cultures, the best chance for a resolution comes
only after emotions have been vented and voices raised.
The mediator must
be skilled enough to determine whether the process indicates that the mediation
cannot succeed or that in fact the basis for a resolution is coming into reach.
Understanding that there are differences in communication values should guide
the decision. If in doubt, the mediator may ask the disputants to clarify this
cultural point.
After reviewing
the five issues in the Mediation and Culture IQ Quiz, keep in mind that these
specific examples provide only a glimpse of the influence that culture has on
the mediation process. Mediators need to become cultural detectives, relying on
their own instincts and experience to pick up cultural clues.
There really are
no hard and fast rules to cover each mediation situation. Context is
all-important; timing and sensitivity rather than formulas are a mediator’s
best tools.
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