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Cardozo Journal of Conflict Resolution

Abstract

Mediation processes are inherently complex and require flexibility and adaptability. This is especially true for mediation processes involving multiple parties with diverse cultural backgrounds. This paper examines the complexities created by cultural diversity in mediation. The paper highlights a dispute between the local community of Msango, West Africa, and an international mining company. It highlights how linguistic and literacy barriers complicated the process, undermining effective communication and progress. The complication identified at the start of the process necessitated the process design to encompass tools to overcome the barriers identified early on. As the mediation progressed, the mediators continued to uncover further complexities impacting the case's progress.

However, because 'the reed that bends with the wind does not break,' flexibility and adaptability were necessary to overcome the complexities as they arose. By integrating artistic tools and linking them to African Oral traditions that the parties are familiar with, such as storytelling, dramatization, and visual and symbolic expressions, the mediators revealed the transformative potential of these tools to bridge communication gaps, enhance understanding, and promote active participation among diverse parties.

This paper concludes by examining the psychological benefits of artistic tools in conflict resolution, emphasizing the necessity of culturally attuned mediation strategies, particularly in remote communities where power imbalance can be acute.

This paper adopts an implicit approach to methodology. It integrates the methods directly into the discussion, helping readers to understand the processes through context and examples instead of presenting them in explicit sections. By embedding the methodology within the narrative, the paper focuses on the impact of the tools used in the mediation process while still making the methods clear in an organic way.

Keywords

Mediation, Complexities, Multilingual, Multi Culture, Oral Tradition, Storytelling, Dramatization, Visual and Symbolic art

Disciplines

Dispute Resolution and Arbitration | Law

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