Mediation as a Tool for Overcoming Cultural Barriers in Negotiations. A Comparison between Germany, Brazil, France and Sweden PDF Download
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Author: Helena Alves
Publisher: GRIN Verlag
ISBN: 3668668906
Category : Language Arts & Disciplines
Languages : en
Pages : 96
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Book Description
Diploma Thesis from the year 2004 in the subject Communications - Intercultural Communication, grade: 1,7, , course: Diplomarbeit, language: English, abstract: The aim of this work is to investigate the role of culture in a cross-cultural business encounter and to investigate the potential of mediation for these specific situations. The results should help to reach an understanding and improvement of communication in these situations - knowing that communication is one of the most vital manager’s tasks that takes up between 50 and 90 % of a manager’s time. Therefore communication that is not disturbed by cultural misunderstandings is essential for the success of any cross-cultural enterprise. The first main part examines if there are any differences in the way that these nations approach business - especially negotiations – and if so, the disclosed differences will be laid down and explained with an outlook on the cultural roots of these specific issues of behaviour. The main focus rests on Germany as a starting point with which the other cultures will be compared. Different approaches regarding research findings in the cultural field will be presented and applied to the particularities found in the named nations. In the second main part mediation will be scrutinized as a possible tool to facilitate cross-cultural negotiations. It will be questioned whether mediation may be helpful in a cross-cultural context, which aspects of mediation can help to overcome the special barrier culture in negotiations, working methods and which factors may have to be considered with special care in such a situation. This will be done with a focus on the cultural dimensions presented in the first part. In a next step, cultural training will be briefly presented as a human resources tool that may help to prepare for a temporary stay abroad and for cooperation with members of other cultures. For this different training methods will be explained. In a conclusion the findings of this paper will be summarised, specific advice for negotiations with the cultures under scrutiny will be given and a general checklist for cross-cultural negotiations will be presented. It must be stressed that this paper will not be an empirical work, but concentrate on the analysis of the existing literature and partly resort to interviews carried out by the author. In total this work should be an inducement for further research on the influence of culture on negotiations within Europe and the advantages that mediation can offer for cross-cultural encounters.
Author: Helena Alves
Publisher: GRIN Verlag
ISBN: 3668668906
Category : Language Arts & Disciplines
Languages : en
Pages : 96
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Book Description
Diploma Thesis from the year 2004 in the subject Communications - Intercultural Communication, grade: 1,7, , course: Diplomarbeit, language: English, abstract: The aim of this work is to investigate the role of culture in a cross-cultural business encounter and to investigate the potential of mediation for these specific situations. The results should help to reach an understanding and improvement of communication in these situations - knowing that communication is one of the most vital manager’s tasks that takes up between 50 and 90 % of a manager’s time. Therefore communication that is not disturbed by cultural misunderstandings is essential for the success of any cross-cultural enterprise. The first main part examines if there are any differences in the way that these nations approach business - especially negotiations – and if so, the disclosed differences will be laid down and explained with an outlook on the cultural roots of these specific issues of behaviour. The main focus rests on Germany as a starting point with which the other cultures will be compared. Different approaches regarding research findings in the cultural field will be presented and applied to the particularities found in the named nations. In the second main part mediation will be scrutinized as a possible tool to facilitate cross-cultural negotiations. It will be questioned whether mediation may be helpful in a cross-cultural context, which aspects of mediation can help to overcome the special barrier culture in negotiations, working methods and which factors may have to be considered with special care in such a situation. This will be done with a focus on the cultural dimensions presented in the first part. In a next step, cultural training will be briefly presented as a human resources tool that may help to prepare for a temporary stay abroad and for cooperation with members of other cultures. For this different training methods will be explained. In a conclusion the findings of this paper will be summarised, specific advice for negotiations with the cultures under scrutiny will be given and a general checklist for cross-cultural negotiations will be presented. It must be stressed that this paper will not be an empirical work, but concentrate on the analysis of the existing literature and partly resort to interviews carried out by the author. In total this work should be an inducement for further research on the influence of culture on negotiations within Europe and the advantages that mediation can offer for cross-cultural encounters.
Author: Helena Maria Trigo Alves
Publisher:
ISBN:
Category :
Languages : de
Pages :
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Book Description
Author: Ewald A. Filler
Publisher: Kluwer Law International B.V.
ISBN: 9041142169
Category : Law
Languages : en
Pages : 476
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Book Description
For many businesses, mediation is seen as a swifter and cost-effective alternative to conventional forms of dispute resolution. Although its acceptance by policymakers in Europe has been slow, the recent development by various EU Member States of legal and institutional frameworks for commercial mediation have been complemented by a European framework for cross-border civil and commercial mediation, the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters. This extraordinary book, the first thorough analysis of the current state of commercial mediation practice in Europe, is based on face-to-face interviews and responses to questionnaires involving the participation of 25 renowned European mediators, with complementary contributions by 20 business people who have used mediation extensively. Among the areas of interest that arise are the following: typical areas of application of commercial mediation; types of disputes where commercial mediation is most beneficial; reasons why companies opt for mediation; dispute stages at which mediation may be most useful; length of the mediation process; costs of the process; likely causes of the considerable guardedness of enterprises against mediation; the role lawyers play as gatekeepers; the power factor and other imbalances; the role of provider agencies; and various approaches to mediation style. Participants have been chosen from Austria, Germany, France, England, Scotland, Denmark, Norway, Sweden and Finland, with the aim of including all the dominant European legal traditions. There are numerous case studies, including the role of mediation in such major projects as the Vienna Airport, the Eurotunnel, and the Øresund link bridge. The book contributes to the further professionalism of ADR in Europe by providing accurate information on the functionality of the process and its attainable results. In addition to describing the professional performance of European mediators working in the world of business, the author’s analysis crystallizes the processes, models, and strategies that characterize the practice of commercial mediation in Europe. With this book potential clients, practicing mediators, lawmakers, and other decisionmakers can base their actions on reliable scientific findings proven by practical experience.
Author: Alain Lempereur
Publisher: John Wiley & Sons
ISBN: 111976842X
Category : Business & Economics
Languages : en
Pages : 374
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Book Description
When negotiation fails, mediation avails other moves for an amicable resolution. Whether you are a current or future mediator or a party to a conflict, this is your essential companion to the theory, concepts, and best practices of mediation. In a world ridden by social divisions, responsible resolution of conflicts is more timely than ever. What happens when parties are unable to negotiate an agreement together? The next move is to invite a third party to reset the negotiations, facilitate the exchanges, rebuild a working relationship and empower the parties to explore the past, surface their present needs, invent, evaluate and choose the best solutions for the future. Mediation: Negotiation by Other Moves brings decades of critical analysis and experience that the authors tested worldwide in international organizations, governments, NGOs, universities and corporations. You will understand mediation better, and its significance in your personal and professional life. You will be able to develop a flexible mindset and a broad outlook to achieve sustainable outcomes. This book will cover: Models and principles from various domains of mediation: family, business & labor, public affairs, international relations A mediation framework to prepare for mediation and to run its process smoothly A step-by-step approach to a mediation session, from the opening until a possible settlement, via the various phases of problem solving Mediation traps and how to avoid them—for mediators and parties alike Ethics of mediation and questions of responsibility Mediation: Negotiation by Other Moves is essential reading for anyone who wishes to develop a pragmatic approach to mediation.
Author: Johannes Wander
Publisher: GRIN Verlag
ISBN: 3668312117
Category : Political Science
Languages : en
Pages : 19
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Book Description
Seminar paper from the year 2015 in the subject Politics - Topic: Peace and Conflict, Security, grade: 1, Uppsala University (Department of Peace and Conflict Research), course: International Conflict Resolution, language: English, abstract: Mediation is the first step towards many conflict resolution processes. Yet, key aspects on the circumstances of mediation processes and the role of the mediator herself are still disputed. This paper seeks to examine the role of mediation within the field of conflict resolution and its implications on durable peace. Furthermore, mediation will be put in relation to the spoiler concept and deriving consequences are discussed. The role of mediation is described very differently throughout the literature, depending on the focus of analysis and pre-assumptions on what mediation is, how it works, and what the ultimate goals are. On the one hand, we see scholars framing mediation entirely as a conflict resolution enterprise, whereas others understand mediation as a tool for conflict management and transformation. Research on different levels of mediation like the international states sphere, the intra-state environment, or local mediation has elevated different findings on when mediation is successful and when it is not. Therefore, it will be clarified in the first place what understandings of mediation we face in research and how these interpretations relate to each other. In a next step, it will be discussed why mediation is important and what theoretical problems are met by the tool. Afterwards, the paper will focus on the conditions of mediation and their positive and negative effects on the process of conflict resolution. Finally, the spoiler concept will be introduced and compared to mediation.
Author: Paul J. Zwier
Publisher: Cambridge University Press
ISBN: 1107355206
Category : Law
Languages : en
Pages : 469
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Book Description
This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
Author: Debbie De Girolamo
Publisher: Routledge
ISBN: 1134075111
Category : Law
Languages : en
Pages : 258
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Book Description
Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.
Author: Jennifer L. Schulz
Publisher: Routledge
ISBN: 0429602049
Category : Law
Languages : en
Pages : 161
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Book Description
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.
Author: Isak Svensson
Publisher: US Institute of Peace Press
ISBN: 1601270623
Category : Law
Languages : en
Pages : 190
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Book Description
This volume explores international mediation through the lens of Ambassador Jan Eliasson, an international go-between with a remarkable track record. The authors draw lessons for the peacemaking process from their examination of how Eliasson entered, prepared, pursued, and finally ended his mediation efforts.
Author: Timothy D. Sisk
Publisher:
ISBN:
Category : Conflict management
Languages : en
Pages : 56
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Book Description
Part I: Applied Theory. Recent advances in negotiation theory and application to skills training / by Daniel Druckman and Victor Robinson -- Adjusted winner theory: applications to the South China Sea / by Steven Brams -- Part II: Simulations. Computer-based simulation: Antarctic treaty and Falklands/Malvinas negotiations / by Jack Child -- Crisis negotiation environment project / by Jonathan Wilkenfeld and Sarit Kraus -- Strengthening the Biological Weapons Convention: a teaching simulation / by Marie Isabelle Chevrier -- Part III: Internal Conflicts. Negotiating an end in civil wars: general findings / by Roy Licklider -- Negotiating for peace in Liberia: conclusions and recommendations / by Richard Joseph -- Negotiating with "villains" / by Bertram Spector -- Conclusions: Bridging theory and practice -- Appendix: Theoretical aspects of adjusted winner theory.
