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Interacultural Aspects of Cross-Border Mediation

Publication at Faculty of Law |
2019

Abstract

Standard mediation is determined primarily by Euroatlantic culture milieu that has created a dispute resolution system well adapted to its needs and requirements. However efficient is this tool when dealing with local conflicts, it meets its limits when dealing with cross-culture disputes. The main obstacle proved to be culture differences and their perception.

The divergences between respective cultures have been described in various theoretical approaches. Among those, the Hofsted's model of Cultural Dimension Interests and Hall's communication between low- and high-context civilisations are especially worth mentioning.

For the purposes of consensual resolution of disputes arisen between the members of different cultures, it is absolutely necessary to adapt the accepted and Western-style shaped ADR system. When doing so one might find some inspiration in local traditional and indigenous dispute resolution systems.