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Cardozo Journal of Conflict Resolution

Abstract

Divorce mediation offers an alternative to litigation that can reduce costs, preserve privacy, and encourage cooperative solutions. However, mediators working with South Asian couples in arranged marriages may encounter cultural, familial, and socioeconomic considerations that conventional mediation practices do not adequately address. This Note examines the distinctive challenges that can arise in these divorces, including the social stigma surrounding separation, dowries and marital gifts, immigration and citizenship concerns, extended family involvement, traditional gender roles, child custody, and domestic violence. It distinguishes traditional arranged marriages from modern arranged marriages among South Asian Americans, emphasizing that cultural practices and individual experiences vary and should not be presumed based on broad community generalizations. The Note also evaluates existing approaches to culturally responsive mediation, including frameworks that distinguish between individualistic and collectivist communities, and identifies their limitations when applied without sufficient attention to the parties’ particular circumstances. To address these shortcomings, the Note proposes incorporating cultural humility education into continuing legal education programs for mediators, family law attorneys, and other alternative dispute resolution professionals. Unlike cultural competence models that may rely on generalized group characteristics, cultural humility emphasizes ongoing learning, individual experience, and awareness of personal bias. The Note further recommends incorporating cultural awareness coaches into mediation sessions to help identify cultural considerations, address power imbalances, support clients in expressing their needs, and inform mediators about issues that may affect the negotiation process. Ultimately, the Note argues that combining cultural humility training with the use of cultural awareness coaches can improve the fairness and effectiveness of divorce mediation involving South Asian arranged couples while better protecting the needs and autonomy of the parties.

Keywords

Divorce Mediation, South Asian Arranged Marriages, Cultural Humility, Cultural Awareness, Alternative Dispute Resolution, Family Law, Cultural Sensitivity, Dowries, Immigration, Power Imbalances, Mediation Training, Divorce Coaching

Disciplines

Dispute Resolution and Arbitration | Law

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