This chapter – which shines a keen light on Cross-Border and Cross-Cultural Dynamics of Mediation, the fourth tier of the Four-Tiered Model of Mediation – broaches extensively the rationale behind the truism according to which the stellar mediator must not lose sight of the fact that each disputant carries both glaringly different «mental programmes» and markedly different «cultural schemas», which thereby impacts profoundly their demeanour in cross-border and cross-cultural mediation settings.

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Adaptive Mediation: why do mediation settings should be adapted to the intricacies of the case at hand, the disputants’ cultural background, the disputants´ legal culture and the disputants ‘modality of communication in cross-border and cross-cultural disputes

  • Hugo Luz dos Santos

摘要

This chapter – which shines a keen light on Cross-Border and Cross-Cultural Dynamics of Mediation, the fourth tier of the Four-Tiered Model of Mediation – broaches extensively the rationale behind the truism according to which the stellar mediator must not lose sight of the fact that each disputant carries both glaringly different «mental programmes» and markedly different «cultural schemas», which thereby impacts profoundly their demeanour in cross-border and cross-cultural mediation settings.