This article argues that the transplantation of the modern Western mediation model,' if to be successfully applied to an Asian context, must be accompanied by cultural adaptations to make mediation effective in the local context. The historical roots of mediation in Asia will be outlined first before analysing of the Western-centric modern developments in alternate dispute resolution. This article then questions whether the Western oriented model of mediation is suitable in the context of Asian values and highlights several potential points of culture clashes. Practitioners mediating in a cross-cultural setting may wish to consider adaptations to the Western-oriented model proposed in this article. Finally, the article points out the positive progress made regionally and internationally in recognising cross-cultural competency in mediation accreditation standards, but argues that further development is required to adequately recognise cross-cultural competency in mediation.
|Journal||University of Tasmania Law Review|
|Publication status||Published - 2017|