User talk:Reathorne

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Culture and Mediation.
Conflict and the need for conflict resolution are paramount to any society. It would be true to state that regardless of race, ethnicity and national origin, we as people all strive for conflict resolution processes that acknolwedge and appreciate our concerns.

However, the very thing that makes us unique may also cause barriers to the mediation process. It has been stated that mediation is a tool that enables people to bridge the gap; hence in order to do this effectively we must be informed and respect the partcipants of the mediation process*.

One of the primary issues to resolve is that the very notion of dispute resolution and management might have different meanings and approaches. For example, one of the partcipants may approach mediation with the idea that it will result in a contractually based agreement, whilst the other may assume a less contractual agreement. This however, is not the only issue facing the mediator.

Resolving the idea of what mediation involves may be one obstacle, but the real challenge lies at the mediation table. Here, the mediator faces the test of ensuring that both aprties are comfortable with the terms, phrases and colloquialisms, as well as the non verbal communication. It is at the table that the individuals idea of how to approach conflict is discovered. Some cultures are comfortable with discussing conflict directly, whilst others prefer to not deal directly with the issue *.

The above issues are all faced by the mediator ad are paramount to the successful completion of the process. Should the mediator not be aware or acknowledge the above, the very nature of communication and discussion will erode as the parties will not be able to understand each other. With the consequence being that there is a breakdown of the mediation process.

By the mediator being culturally aware, it ensures that the process will be acknowledged by the partcipants and enables the mediator to tailor their skills to the sensitivity of the conflict and hence the mediation process and result. In Australia the prime example would be the discussions surrounding Indigenous Australians and the law *