3/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, Cultural Disclaimer
As I launch into the analysis of Qatar's new mediation law, I am mindful that my perspective is deeply embedded in a Western, common-law perspective, and further embedded in the "core values" of mediation as spelled out in U.S. state statutes, rules, and ethics codes, as well as model acts developed by national organizations of U.S. mediators.
What is Culture?
Culture is the cumulative result of experience, values, religion, beliefs, attitudes, meanings, knowledge, social organizations, procedures, timing, roles, spatial relations, concepts of the universe and material objects and possessions acquired or created by groups of people, in the course of generations, through individual and group effort and interactions. Culture manifests itself in patterns of language, behavior and activities and provides models and norms for acceptable day-to-day interactions and styles of communication. Culture enables people to live together in a society within a given geographic environment, at a given state of technical development and at a particular moment in time (adapted from Samovar and Porter, 1972).
The Qatari law likely reflects cultural values different from my own, depending on the source of input used to create it. I am not familiar with the drafting process, so I cannot comment on that aspect of it. I will say it reflects some values that fit better in the context of arbitration, but more about that in later posts.
The Role Culture Plays in Mediation
Culture plays a role in mediation in several ways:
- In the mediation program design
- In the mediation process:
- selection of the mediator
- mediator neutrality
- role of the mediator
- venue choice and set up
- negotiation styles
- choice and framing of interests and issues
- level of detail needed for issue closure
- sources of impasse
- language differences and communication styles
- the role of honor, dignity, and "face"
- the role of apology and forgiveness
- bias and stereotyping
- balance of power
- the expression of emotion, especially anger, anxiety, and aggression
- gender roles
- trust
- concepts of privacy and limits on the disclosure of information in the process
- offers and counteroffers
- choice of objective criteria
- decision-making authority of participants
- intra-party consensus or hierarchy
- resolving ambiguities in the mediated settlement agreement
- monitoring, oversight, and enforcement of the settlement agreement
- dispute management during implementation of the settlement agreement
Why it Matters
Thus, my comments will suggest some cultural differences that may explain any short-coming I perceive in the Qatari mediation law. At the same time, my comments may suggest a more universal mediation value that the law simply has overlooked. If the latter is true, additional laws, rules, or ethics codes can build out a more robust "infrastructure" for mediation in Qatar.
In any event, I expect to engage in this rich cross-cultural conversation about modern mediation in Qatar. Feel free to add your comments to any post. Many authors have explored this topic at www.mediate.com. Enter "cultural values" in the search box at the Articles tab to begin exploring. Most ADR textbooks published in the U.S. devote a few pages to discussing cross-cultural conflicts. It is still rare to discuss in detail how teaching mediation changes when you are training in another culture.
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