Context Matters – How to Avoid Missteps in Cross-Border Mediation

Sara Sandford and Lisa Savitt recently shared some of their tips for avoiding missteps in cross border mediation at the Union des Avocats International/International Association of Lawyers 30th World Forum of Mediation Centers conference held in Malaga, Spain.  The interactive program focused on understanding the impact of cultural differences and legal systems on mediations.  Lisa and Sara shared tips, including:

• Working with clients to understand their and their attorneys’ expectations regarding the mediation style and format.

• Preparing for the mediation by studying cultural differences among the countries of origin of the participants, which could impact:

1.  Goals – solution/relationship

2. Attitudes – win/win or win/lose

3. Personal Styles – informal/formal

4. Communication Style – direct/indirect

5. Time Sensitivity – precise/casual

6. Trust – how it’s demonstrated

7. Emotionalism – high/low

8. Form of Agreement – specific/general

9. Agreement Process – bottom up/top down

10. Team Organization – one leader/consensus

11. Risk Taking – high/low

12. Format of Mediation – formal/informal

• Developing strategies for how to help rebuild trust or confidence, when someone unwittingly disrupts the flow of mediation by a misstep.

In addition to knowing the issues and parties’ stated objectives, mediators have to understand the basic legal regimes of the matter being mediated.  They also need to understand and plan for the conscious and unconscious expectations and attitudes brought to the table – particularly when there are substantial differences in how parties might approach dispute resolution and decision-making.  Lisa and Sara explained how essential it is for mediators to help the parties anticipate these kinds of challenges in advance of a mediation so missteps don’t derail a mediation that could otherwise be successful.