1. MODULE 3 Topic 5
Models and techniques of prevention and positive management of the conflict in Cultural Mediation

2. IV. Positive Management of the conflict in Cultural Mediation
CONTENT
I. Effective Conflict Management
II. Practices for Individualists Dealing with Conflict in a Collectivistic Culture
III. Practices for Collectivists Dealing with Conflict in a Individualistic Culture
IV. Positive Management of the conflict in Cultural Mediation
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation 2

3. Effective Conflict Management
Effective conflict management requires us to communicate properly, HOW?
With Efectivity
Accurately
With Creativity
Being open to knowledge
With Tolerance
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

4. Effective Conflict Management
First of all…
Establishing the bases
What is a “High-Context” culture?
These are cultures that give more importance to the context than to what is being said, paying attention to the implicit message that push them to follow the non written rules of their society. Family is a good example of high-context cultures. At a global level, Japan and Korea are examples of exceptionally high-context cultures.
What is a “Low-Context” culture?
In these cultures there are not many differences between internal groups and subgroups and are individually focused. In order for newcomers to interact, codes, beliefs and costumes must be expressed. In a low-context culture rules are very important. An example of this kind of culture is, for instance, the way people behave in airports. At a global level, USA is an example of a low-context culture.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

5. Effective Conflict Management
What is an “individualistic” culture?
These cultures defend personal freedom, the inalienable right to act according to their own judgement; the individual is sovereign and it is the basic unit of moral interest. The individual is an end in itself, not a mean to the ends of others.
It is related to Anglo-Saxon cultures.
What is a “collectivistic” culture?
Collectivism considers that life does not belong to a person, but to the group or society in which the individual is considered to be just one of the parts that forms it. People has no individual rights and must sacrifice their beliefs and goals in order to achieve a “greater welfare” of the group. To collectivists, the group, and not the individual, is the basic unit of moral interest.
It is related to Hispanic cultures.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

6. Effective Conflict Management
In order to achieve an effective conflict management, we have to be sensitive to the differences and similarities between COMMUNICATION PATTERNS in low-contexts and high-contexts and to adapt to the negotiation rhythms that are inherent to MONOCHRONIC-BASED INDIVIDUALS (related to Anglo-Saxon times and individualists) and POLYCHRONIC-BASED INDIVIDUALS (related to Hispanic times and collectivists).
VS.
An effective conflict management also requires to be aware of the importance of both goal-oriented and process-oriented conflict negotiation pathways, and to pay attention to the close relationship between cultural variability and different conflict communication styles.

7. Effective Conflict Management
For both individualists and collectivists, the concept of “MINDFULNESS” can serve as the first effective step in raising awareness about the differences and similarities in cross-cultural conflict-negotiation processes. Langer's (1989) concept of mindfulness helps individuals to connect consciously, THROUGH MEDITATION, to their habituated mental scripts, feelings, states and perspectives.
To engage in a mindfulness state, an individual needs to learn to:
create new categories,
(b) be open to new information, and
(c) be aware that there are multiple perspectives
about one same event.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

8. Effective Conflict Management
Ting-Toomey (1994) elaborates two lists of practices: • Practices for INDIVIDUALISTS dealing with conflict in a collectivistic culture. • Practices for COLLECTIVISTS dealing with conflict in an individualistic culture.

9. Practices for Individualists Dealing with Conflict in a Collectivistic Culture
Being mindful of the CONFRONTATION-MAINTENANCE assumptions
of conflict situations that take place in this culture.
Conflict competence resides in the strategic skills that enable us to manage the interaction, finding the balance between humiliation and pride, shame and honour.
Being PROACTIVE in dealing with conflict situations that are not severe (by using informal consultation or the “go in-between” method) before they escalate into irrevocable mutual facing-loss episodes.
SHOWING RESPECT and try not to put your opponent’s back against the wall with no room to deal with loss or recovery. Learning to let your opponent find a gracious way out of the conflict situation if at all possible, without violating the basic spirit of the fundamental human rights.
Practicing ACTIVE LISTENING skills and feeling the co-presence of the other person. Patient and deliberate listening indicates that one person is concern about the other person’s needs, even in an antagonistic conflict situation.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

10. Practices for Individualists Dealing with Conflict in a Collectivistic Culture
Being sensitive to the importance of quiet, MINDFUL OBSERVATION. Individualists need to be mindful of the historical past that hold relevance to the present conflict situation.
Discarding the Western-based model of EFFECTIVE COMMUNICATION when dealing with conflict situations in collectivistic, high-context cultures. When rejecting a request, learn do not use a blunt “no” as a response because the word “no” is typically perceived as a threat in collectivistic cultures.
Using MODERATE ANSWERS (“Perhaps someone else is more qualified than me to work on this project”), counter-questions (“Don’t you feel someone else is more competent to work on this project...?”), or conditional statements (“Yes, but...”) to convey the implicit sense of refusal.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

11. Practices for Individualists Dealing with Conflict in a Collectivistic Culture
WALKING OUT of a conflict situation if the conflict party does not want to deal with it directly. A COOLING period may sometimes help to mend a broken relationship; the main issue of the conflict may be diluted over time. Individualists should remember that avoidance is part of the integral, conflict style that is commonly used in collectivistic, low-context cultures.
Avoidance does not necessarily mean that collectivists do not care about resolving the conflict.
→ In sum, individualists need to learn to respect: the high-context culture and the collectivistic ways of approaching and handling conflicts. They need to continuously monitor their ethnocentric biases on the cognitive, affective, and behavioural reactive levels, and learn to listen actively, and observe mindfully and reflectively.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

12. Practices for Collectivists Dealing with Conflict in a Individualistic Culture
The ability to put aside relationships and separate them from the conflict problem is critical to achieve an effective conflict negotiation in individualistic, low-context cultures. Collectivists need to learn the difference between the DIMENSIONS OF A TASK and the SOCIO-EMOTIONAL DIMENSION of a conflict.
Focusing on resolving the substantive issues of the conflict, and learning to openly express opinions or POINTS OF VIEW. Collectivists should try not to take the conflict issues to the personal level, and learn to keep the distance between the person and the conflict problem.
Engaging in an ASSERTIVE, levelling style of conflict behaviour. Assertive style emphasises the rights of both individuals to speak up in a conflict situation and to respect each other’s right to defend her or his position. Collectivists need to open a conflict dialogue with an upfront theoretical statement, and to develop key points that include examples, data, figures, or well-planned proposals.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

13. Practices for Collectivists Dealing with Conflict in a Individualistic Culture
Having an INDIVIDUAL RESPONSIBILITY about the conflict decision-making process. Collectivists need to learn to verbally explain a situation and not to expect others to infer their points of view.
Providing verbal feedback and engaging in active listening skills. ACTIVE LISTENING skills, in individualistic, low-context cultures, means collectivists must pay attention to verbal perception and ensure that the other person is interpreting their points of view accurately. Collectivists need to use verbal paraphrases, summary statements, and interpretive messages to acknowledge and verify the storyline of the conflict situation.
Learning to occasionally express FEELINGS AND
EMOTIONS; they cannot rely solely on
nonverbal, intuitive understanding to “intuit”
and evaluate a situation.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

14. Practices for Collectivists Dealing with Conflict in a Individualistic Culture
Using DIRECT, INTEGRATIVE VERBAL MESSAGES that clearly
convey their concern about both the relational and
substantive issues of a conflict situation.
Committing to solve the conflict situation. Collectivists should learn to use task-oriented INTEGRATIVE STRATEGIES and reach a collaborative, mutual goal dialogue with the conflict party. Working on managing individual defence and learning to build up trust when facing a face to face interaction.
→ In sum, collectivists need to work on their ethnocentric biases as much as the individualists need to work out their sense of egocentric superiority. Collectivists need to untangle their historical sense of cultural superiority – especially when thinking that their way is the only “civilised” way to appropriately deal with a conflict.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

15. Positive Conflict Management in Cultural Mediation
First of all, What is Mediation?...
MEDIATION is a conflict resolution method that involves a neutral and specially trained third party (the mediator) who assists conflict parties to set out their interests and needs and to reach a mutually acceptable solution. Ideally, mediation does not lead to a compromise between the conflict parties but to a win-win solution which allows putting the relationship between the conflict parties on a new level.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

16. Positive Conflict Management in Cultural Mediation
HOW DOES MEDIATION WORK?...
MEDIATION is usually performed in pairs of mediators. The advantage of co-mediation is that the team of mediators can be tailored and adjusted to the needs of the conflict parties. That is, the personal characteristics, skills and experiences of the first mediator are complemented by a second mediator with different personal characteristics, skills and experiences so that the team is more balanced. In this way, conflict parties will be able to identify themselves with at least one of the mediators in terms of age, ethnicity, gender, social and professional background, etc.

17. Positive Conflict Management in Cultural Mediation
Mediation follows five FUNDAMENTAL PRINCIPLES:
Consensus-orientation
Self-determination of conflict parties
Neutrality of the mediator
Voluntary nature of the mediation process
Confidentiality

18. Positive Conflict Management in Cultural Mediation
Consensus-orientation:
The goal of mediation is to find a solution on which all conflict parties can agree. Consequently, mediation does not attribute blame or determine who is right or wrong. Instead, it looks for solutions that RECONCILE THE INTERESTS OF THE CONFLICT PARTIES and satisfy their needs equally. This is best achieved through win-win solutions. The purpose of consensus-orientation is to avoid dissatisfied conflict parties whose grievances will lead to renew the conflict. Instead, mediation aims for amiable solutions that are likely to be implemented and to last for a long time.
2. Self-determination of conflict parties:
In pure mediation, conflict parties alone determine what issues they would like to discuss and what are the perfect solutions to their conflict. They know the conflict best, so they are the ones to decide. Mediators only offer procedural rather than substantive assistance. That is, mediators control the process of resolving the conflict while the content is up to the parties. Consequently, mediators must resist the impulse to give their opinions on the matter and to tell the parties how to fix their problems. The purpose of this principle is to assure the SUSTAINABILITY OF THE CONFLICT RESOLUTION. It is assumed that solutions are more durable if the conflict parties come up with the solutions on their own and can thus fully identify with those solutions.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

19. Positive Conflict Management in Cultural Mediation
3. Neutrality of the mediator (also named "impartiality" or "all-partisanship"):
Mediators must not side with any of the conflict parties but SUPPORT ALL OF THEM EQUALLY. To that end, the mediators should avoid everything that might be interpreted as them favouring one particular party. Specially, they should keep their opinions and preferences out of the process, giving no indication of prejudgement, not showing a lack of interest, irritation or impatience, without making favourable or unfavourable comments regarding the statements of any party, they have to be careful with their body language and to avoid private discussions with any of the parties involved.
The purpose of this principle is to protect the principles of CONSENSUS-ORIENTATION AND SELF-DETERMINATION.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

20. Positive Conflict Management in Cultural Mediation
4. Voluntary nature of the mediation process:
Conflict parties cannot be forced to participate in a mediation process and they have the right to discontinue a mediation, once started, whenever they wish. Similarly, mediators have the right not to accept a case or end the mediation whenever they feel that it is no longer possible to work with the conflict parties. Conflict parties can also not be forced to adhere to an agreement reached through mediation.
The purpose of this principle is to ensure that the mediation process is truly CONSENSUS-ORIENTED and that win-win solutions are possible.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

21. Positive Conflict Management in Cultural Mediation
5. Confidentiality:
Mediation is confidential. Nothing that is said during the mediation process may be revealed to outsiders. In particular, information obtained in mediation should not be used if conflict parties decide to bring their conflict to court.
The principle of confidentiality applies to conflict parties as well as mediators. Its purpose is to ensure that conflict parties FEEL ABSOLUTELY FREE to reveal anything that may contribute to the resolution of the conflict, even their own mistakes and most inner feelings.
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation

22. Bibliography and references
Ting-Toomey, S. (1994). Managing Intercultural Conflicts Effectively. In Samovar, L.A, and Porter, R. E., 8Eds.), Intercultural Communication: A reader. California, United States: Wadsworth.
Sources
MODULE 3. Conflict management: definition, prevention and resolution. Interethnic conflict.Topic 5: Models and techniques of prevention and positive management of the conflict in cultural mediation