Mediation and the myth of universality

• Main Author: ALEXANDER, Nadja
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2009
• Subjects: Mediation; universality; culture; Harvard model; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/1871; https://ink.library.smu.edu.sg/context/sol_research/article/3823/viewcontent/Mediation_Myth_Universality_2009.pdf
• Institution: Singapore Management University

In his essay entitled ‘Mediation: Pfade zum Frieden’, Professor Montada has made an important contribution to the mediation literature. He questions the universality of the standard mediation model that appears to be sweeping the world with enormous zeal and in doing so puts forward theories and principles to substantiate his view. To a large extent I agree with what the author has to say about the scope and potential for mediation. In particular I support his view that professional mediators need to be made aware of the cultural limitations of the model in which they are trained. As I write these lines I am sitting in Hong Kong – my new home – where after a short period of time as a mediation practitioner, teacher and writer, differences in notions of ‘standard’ mediation principles, process and practice have emerged. I will elaborate on this aspect of the essay shortly. To my mind however Montada’s critique is based upon certain assumptions to which I do not subscribe. It is to these that I first turn.