Mediation Case: Colectivists and Individualists

The mediator’s planning and preparation

J contacted S requesting that S serve as a mediator in their case and briefly explained the issues in dispute. S agreed but explained to both parties that she was about to settle another mediation case, so she asked whether they prefered to start mediation during that week or upon completions of the first mediation. J and M asked S if it could somehow affect the outcome of their mediation. S assured them that she previously had an experience when she was able to arrange two cases concurrently and besides of that, she felt that she was reconciling parties of the first mediation. Thus, J and M agreed to start mediation that week.

For the pre-mediation stage, S asked the parties to send the Pre-mediation Confidential Communication and the Mediation Planning Documents, indicating BATNA, WATNA and Reservation Price. The parties also were asked to prioritize their issues, so that she would know what was most and least important for them. Also, S requested the parties other necessary information and documents which would be facilitative in understanding concerns and interests of the parties. In addition to that, she asked them to explain how they viewed things, their positions and, in what capacity they served the case. She offered to meet in the Mediation Center in DC, which would be neutral territory for M and J.

S expected that she would encounter cultural differences because one of the parties was from Japan, where the majority of people are collectivists, and the other party was a natural-born US citizen where the majority are individualists. Collectivists tend to place group interests as a high priority. They see themselves as interdependent and closely interconnected to one or more gro...

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...in the mediation. Due to that S decided to meet with M and J to give some introduction about mediation process and hear their stories in perspective of each side. If it was necessary she would have moved to individual caucuses until parties would have found their own solution to their own problems.

Behind all the parties’ needs, including economical and psychological needs, S had to consider the latent needs or concerns of the parties. In this case, there could have been additional needs that client did not realize. Here, M may have needed therapists consultation. Therapist could have helped him to handle the distress situation. S wanted to talk with M about this idea. If he would have agreed she would have either invited the therapist to the mediation or would have given him therapists’ email so that he could have contacted him at any time convenient for him.