Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2011 Mediating Multiculturally: Culture and the Ethical Mediator Carrie Menkel-Meadow Georgetown University Law Center,
[email protected] Harold I. Abramson Touro Law Center Georgetown Public Law and Legal Theory Research Paper No. 12-061 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/961 http://ssrn.com/abstract=2035003 Mediating Multiculturally: Culture and the Ethical Mediator, in MEDIATION ETHICS: CASES & COMMENTARIES 305-338 (Ellen Waldman ed., San Francisco: Jossey-Bass 2011) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Dispute Resolution and Arbitration Commons, and the Legal Ethics and Professional Responsibility Commons Ellen W aidman, Editor - Mediation Ethics Cases and Commentaries lt JOSSEY-BASS A Wiley Imprint J~ www.josseybass.com Electronic copy available at: http://ssrn.com/abstract=2035003 CHAPTER TWELVE Mediating Multiculturally Culture and the Ethical Mediator - w hether your mediation practice takes you on a circuit oflocal postal codes or globe-trotting overseas, it is likely that you will find yourself mediating with parties from a different culture. In most instances, the questions you confront will be functional and practice oriented: How do I manage the process with parties whose cultural affiliations lead them to perceive language and behavior so differently? How can I help them reach an agreement despite their culturally distinct approaches to the issues they face? Occasionally, though, the clash of cultures will lead to ethical conundrums.