How to Resolve Disputes in a Cross Cultural Setting

In a dispute between people of different cultures, cultural issues usually take precedence over legal issues. Since cultural issues could cause or contribute to the creation of disputes, they should be used to resolve the disputes as well. In all disputes, look for the signs of cultural issues.

Look for Signs of Cultural Issues

Although when parties are of different nationalities, or different religions, one can see the cultural issues more clearly, these issues are not necessarily limited to such diversity of national origin and the like. An engineer and a physician may have such a diverse culture that the same problems may arise in the resolution of their cases. Whereas, a person from Middle Eastern ancestry may have adopted the US culture to the degree that he or she may not have any cultural issues. A mediator or a negotiator must look deeper than just the nationalities of the parties to an action or look to factors other than nationalities.

Recognition of Cultural Issues is Half the Battle

Generally in a dispute or negotiation, if the parties realize that cultural diffierences do exist, they will be is a better position to resolve the dispute or to negotiate more favorably. Therefore, it behooves the negotiator or the mediator to study the opposing party prior to getting to the table.