Translating Cultures
Languages and Cultural Aspects of International Mediation
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Cross-Cultural and Intercultural Mediations

In today’s challenging times, ‘conflict’ has become a prominent issue in politics and in business. More often than not, parties involved in a conflict are from very different cultures. To achieve an agreeable resolution, translating cultures in conflict resolution is vital. The proposed activities are intended to provide an invaluable opportunity to bring together academics specialising in language, translation and intercultural studies, and professionals with profound experience and interest in cross-cultural and intercultural mediations. The project investigates how research into languages, intercultural studies and translation studies can contribute effectively to the process of mediation in achieving desired outcomes.

 

Three people discussing
Conflict has become a prominent issue in politics and business, exacerbated by international divides. Cultural understanding is vital to resolve conflicts and achieve an agreeable resolution. 
 
 

Project Overview

Key aims and objectives of the project:

  • To investigate how languages (linguistic and non-linguistic) are exploited and used/phrased sensitively in relationship management by mediators to handle potentially difficult conflictive situations in cross-cultural/intercultural dispute resolutions.
  • To investigate cultural variables that influence people’s use of language to achieve certain interactional goals and their impact on the process and the outcome of international mediations.
  • To investigate the representation in interpretation of cultural differences and differences in the use of language in relationship management when an interpreter is involved in the mediation.
    For further information please view the full content on  Translating Cultures in International Mediation Networking Development  (pdf)
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    Publications

    List of Journals on Mediation
    Journals
    Year Author Title
    2011 Bobot, L. Conflict Management in Buyer-Seller Relationships.
    2011 Faure, G. O. Practice Note: Informal Mediation in China.
    2011 Gotti, M. Litigational Influence on Italian Arbitration Discourse.
    2011 Han, Z. R., Li, X. Y. Discourse of International Commercial Arbitration: The Case of Mainland China.
    2011 Looge, S. Navigating the Unchartered Waters of Cross-Cultural Conflict Resolution Education.
    2011 Millar, G. Between Western Theory and Local Practice: Cultural Impediments to Truth-Telling in Sierra Leone.
    2011 Nan, S. A. Consciousness in Culture-Based Conflict and Conflict Resolution.
    2011 Powell, R., Hashim, A. Language Disadvantage in Malaysian Litigation and Arbitration.
    2010 An, G. Y. Enhancing the Effectiveness of Mediation in Korean-American Family Disputes: Cultural Sensitivity Training for Mediators and Co-mediation Teams.
    2010 Qian, C. The Culture of China’s Mediation in Regional and International Affairs
    2010 Susskind, L. Looking at Negotiation and Dispute Resolution through a CA/DA Lens.
    2009 Law, S. F. Culturally Sensitive Mediation: The Importance of Culture in Mediation Accreditation.
    2009 Gerami, A. Bridging the Theory-and-Practice Gap: Mediator Power in Practice
    2009 Goldberg, R. M. How Our Worldviews Shape Our Practice
    2009 Rubenfeld, S. Intercultural Mediation: Social, Linguistic and Psychometric Considerations
    2009 Wing, L. Mediation and Inequality Reconsidered: Bringing the Discussion to the Table
    2008 Andersen, S. K., Sabater, A. Translating the ICDR Int'l Rules into Other Languages
    2008 Yu, T., Chen, G. M. Intercultural Sensitivity and Conflict Management Styles in Cross-Cultural Organizational Situations
    2008 Zweinel, E. B., Goldstein, R., Manwaring, J. A., Marks, M. B. What Sticks:How Medical Residents and Academic Health Care Faculty Transfer Conflict Resolution Training from the Workshop to the Workplace
    2007 Bannink, F. P. Solution-Focused Mediation: The Future with a Difference
    2006 Cohen, C. F., Birkin, S. J., Cohen, M. E., Garfield, M. J., Webb, H. W. Managing Conflict During an Organizational Acquisition
    2006 Davidheiser, M. Harmony, Peacemaking, and Power Controlling Processes and African Mediation
    2006 Lumpur, K. Cultural Differences & Ethnic Bias in International Dispute Resolution An Arbitrator/Mediator's Perspective
    2006 Maiese, M. Engaging the Emotions in Conflict Intervention
    2005 Davidheiser, M. Culture and Mediation: A Contemporary Processual Analysis from Southwestern Gambia
    2005 Davidheiser, M. Mediation and Multiculturalism: Domestic and International Challenges
    2005 Lichtenstein, M. Creating Awareness of the Spiritual Dimensions of Conflict Resolution by Contemplating Organizational Culture
    2005 Lieberman, E., Foux-levy, Y., Segal, P. Beyond Basic Training: A Model for Developing Mediator Competence
    2004 Baron, L. Commentary: The Case for the Field of Community Mediation
    2004 Bingham, L. Employment Dispute Resolution: The Case for Mediation
    2004 Dukes, E. F. What We Know About Environmental Conflict Resolution: An Analysis Based on Research
    2004 Lipsky, D. B., Avgar, A. C. Commentary: Research on Employment Dispute Resolution: Toward a New Paradigm
    2004 Posin, D. Q. Mediating International Business Disputes
    2004 Slate II, W. K. Paying Attention to ''Culture'' in International Commercial Arbitration
    2004 Wissler, R. L. The Effectiveness of Court-Connected Dispute Resolution in Civil Cases
    2003 Avruch, K. Type I and Type II Errors in Culturally Sensitive Conflict Resolution Practice
    2003 Brigg, M. Mediation, Power, and Cultural Difference
    2003 Chan, D. K. –S., Goto, S. G. Conflict Resolution in the Culturally Diverse Workplace: Some Data from Hong Kong Employees
    2003 Cohen, J. R. Adversaries? Partners? How About Counterparts? On Metaphors in the Practice and Teaching of Negotiation and Dispute Resolution
    2003 Crawford, S.H., Dabney, L., Filner, J.M., Maida, P.R. From Determining Capacity to Facilitating Competences: A New Mediation Framework
    2003 Kahane, D. In Theory- Dispute Resolution and the Politics of Cultural Generalization
    2003 Lebaron, M., Zumeta, Z. D. Windows on Diversity: Lawyers, Culture, and Mediation Practice
    2003 Spencer-Oatey, H., Jiang, W. Y. Explaining Cross-Cultural Pragmatic Findings: Moving from Politeness Maxims to Sociopragmatic International Principles
    2003 Vera, C. D. Arbitrating Harmony: 'Med-Arb' and the Conflunce of Culture and Rule of Law in the Resolution of International Commercial Disputes in China
    2002 Avruch, K. Cross-Cultural Conflict
    2002 Garcia, A. C., Vise, K., Whitaker, S. P. Disputing Neutrality: A Case Study of a Bias Complaint During Mediation
    2002 Kusztal, I. Discourses in the Use and Emergence of Organizational Conflict
    2002 Lucke, K., Rigaut, A. Cultural Issues in International Mediation
    2002 Valero-Garcés, C. Mediation as Translation or Translation as Mediation?
    2002 Yarn, D. H. Transnational Conflict Resolution Practice: A Brief Introduction to the Context, Issues, and Search for Best Practice in Exporting Conflict Resolution
    2001 Cohen, R. Language and Conflict Resolution: The Limits of English
    2000 Carnevale, P. J., Choi, D. W. Culture in the Mediation of International Disputes
    2000 Garcia, A. C. Negotiating Negotiation: The Collaborative Production of Resolution in Small Claims Mediation Hearings
    1999 Irving, H. H., Benjamin, M., San-Pedro, J. Family Mediation and Culture Diversity: Mediating with Latino Families
    1999 Ohanyan, A. Negotiation Culture in a Post-Soviet Context: An Interdisciplinary Perspective
    1998 Hale, K. The Language of Cooperation: Negotiation Frames
    1998 Jameson, J. K. Diffusion of a Campus Innovation: Integration of a New Student Dispute Resolution Centre into the University Culture
    1998 LeBaron, M. Mediation and Multicultural Reality
    1997 Chan, E. H. W. Amicable Dispute Resolution in the People's Republic of China and Its Implications for Foreign-related Construction Disputes
    1997 Chen, G.M., Starosta, W.J. Chinese Conflict Management and Resolution:Overview and Implications
    1997 Dominguez-Urban, I. The Messenger as the Medium of Communication: The Use of Interpreters in Mediation
    1997 McKnight, M. S. Access to Mediation Services for Rural, Low-income, and Culturally Diverse Populations
    1996 Barsky, A., Este, D., Collins, D. Cultural Competence in Family Mediation
    1996 Campbell, A. Mediation of Children Issues When One Parent Is Gay: A Cultural Perspective
    1996 Garcia, A. Moral Reasoning in Interactional Context: Strategic Uses of Care and Justice Argument in Mediation Hearings
    1991 Garcia, A. Dispute Resolution Without Disputing: How the International Organization of Mediation Hearing Minimizes Argument
     
    List of books on Mediation
    Books
    Year Author Title
    2011 Bercovitch, J. Theory and Practice of International Mediation Selected Essays
    2011 Bhatia, V., Candlin, C. N., Gotti, M. Discourse and Practice in International Commercial Arbitration : Issues, Challenges and Prospects
    2011 Friedman, R., Olekalns, M., Oh, S. Cross-Cultural Difference in Reactions to Facework During Service Failures
    2011 Goldsmith, J. C., Ingen-lousz, A., Pointon, G. H. ADR in Business. Practice and Issues Across Countries and Cultures
    2010 Tonkin, H., Frank, M. E. The Translator as Mediator of Cultures
    2008 Trujillo, M. A. Re-Centering Culture and Knowledge in Conflict Resolution Practice
    2007 Rovine, A. W. Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2007
    2007 Xu, S. Discourse as Cultural Struggle
    2006 Mayer, C. H., Boness, C. Intercultural Mediation & Conflict Resolution
    2006 Tibor, V. Language and Translation in International Commercial Arbitration: From the Constitution of the Arbitral Tribunal through Recognition and Enforcement Proceedings
    2005 Chase, O. G., Bruner, J. Law, Culture and Ritual: Disputing Systems in Cross-Cultural Context
    2004 Bell, C., Kahane, D. Intercultural Dispute Resolution in Aboriginal Contexts
    2004 Gelfand, M. J., Brett, J. M. The Handbook of Negotiation and Culture
    2002 Cotterill, J. Language in the Legal Process
    1998 Vandenberg, A. International Dispute Resolution: Towards an International Arbitration Culture
    1998 Wadensjo, C. Interpreting in Interaction
    1997 Fry, D. P., Björkqvist, K. Cultural Variation in Conflict Resolution: Alternatives to Violence
    1996 Bercovitch, J. Resolving International Conflicts: The Theory and Practice of Mediation
    1991 Chesler, M. A. Racial/Ethnic/Cultural Issues in Dispute Resolution
    1990 Merry, S. Getting Justice and Getting Even: legal consciousness among working-class American
    1982 Abel, R. The Politics of Informal Justice
    1980 Fisher, G. International Negotiation: A cross-Cultural Perspective
    1979 Gulliver, P. H. Dispute and Negotiations: A Cross-Cultural Perspective 
     

    Project Activities

    There were two key stages in this project:

    Stage One: Meeting:

    The first stage was to have the UK-based scholars meet together at the University of Nottingham, in March 2012,  for one day to discuss and explore the research that has been carried out in the relevant fields and those which need further investigation. The interdisciplinary aspects of the theme inductive to forging collaborative opportunities and joint funding bids will also be discussed.  

    Meeting Participants

    Prof. Lesley Jeffries

    • Professor of Stylistics; Director of the Stylistics Research Centre 
    • School of Music, Humanities and Media
    • University of Huddersfield

    Research Interests:
    The style of contemporary poetry and ideology in news reporting and political discourse, literary interpretation, language in conflict; a corpus study of poetic language.



    Prof. Elizabeth Stokes

    • Professor of Social Interaction
    • The Department of Social Sciences
    • Loughborough University

    Research interests:
    Social interaction across a variety of everyday and institutional settings, using conversation analysis and membership categorization analysis; how categorial formulations are organized within sequences of action; pushing for the systematic analysis of categories to develop membership categorization studies; current projects in role-play and simulation: 1) CARM for mediation and communication skills training, 2) simulated interaction versus ‘the real thing’.



    Dr. Mary Fischer

    • Reader in languages
    • School of Marketing, Tourism & Languages
    • Edinburgh Napier University

    Research Interests:
    Company language policies; language and intercultural issues as factors in international business success.



    Dr. Frances Rock

    • Senior Lecturer
    • Cardiff School of English, Communication and Philosophy
    • Cardiff University

    Research Interests:
    Police language; forensic linguistics; media representations of the law; workplace language; information design; document design; ‘difficult’ language; expert-lay communication; discourse; literacies; ethnography; interactional sociolinguistics; recontextualisation; research methods.



    Dr. Pierre-Alexis Mevel

    • Lecturer in Translation Studies
    • School of Cultures, Languages and Area Studies
    • The University of Nottingham

    Research Interests:
    The intersection of translation studies, sociolinguistics and film studies; media studies and translation studies by analysing the nexus between cultural identity, globalisation, borders and mobility in a discrete corpus of multilingual films and of their translations.



    Dr. Vallerie Pellatt

    • Lecturer in Chinese Interpreting and Translating
    • School of Modern Languages
    • Newcastle University

    Research Interests:
    Language testing and testing of interpreting and translating, The interpretation of numerical values. Chinese numbers and numerology; numbers in Chinese culture, education and environment; Translation theory and practice, including transcreation, re-writing, and paratext.



    Dr. Xiaohui Yuan

    • Lecturer in interpreting and Translation Studies
    • School of Cultures, Languages and Area Studies
    • The University of Nottingham

    Research Interests:
    Intercultural pragmatics; politeness; translation and interpreting. 

     
    Stage two: Symposium

    The second stage constituted a two-day symposium, in August 2012, where the UK scholars will be joined by researchers from China, the US and other countries, and international mediators from CEDR. Each participant will make a 30 minute presentation on a topic of his/her expertise. Professional mediators will present their mediation experience in intercultural and cross-cultural contexts, and the language, cultural and translational issues that they encounter in those contexts. This will be followed by a round-table discussion between the academics and professionals to identify research gaps and how research could contribute to improving the understanding of language use, interpersonal, intercultural and translational aspects of mediation practice.

    This event will take place at the University of Nottingham (University Park Campus) in the UK. The specific venue will be finalised and given from the 20th July 2012 onwards. Please watch this space.

    Confirmed speakers

    Professional Mediators:

    Dr. Karl Mackie

    • CEO of CEDR; CBE
    • Honorary Professorship, The University of Birmingham
    • Visiting Professor, The University of Westminster

    Profile:

    Karl Mackie has mediated and facilitated cases across a rich variety of sectors of dispute with experience of parties from over 20 different countries. He has successfully mediated cases regarded by the parties as 'impossible' to settle, and was approached to facilitate settlement of two of the most complex cases to go through the English legal system (both cases settled after 18 months facilitation work). He mediated the first substantial Court of Appeal commercial case to go to mediation, the NRG case, and co-mediated the first UK health service group action to go to mediation, the Alder Hey retained organs litigation.


    Mr Danny McFadden

    • CEDR Director for Asia
    • Arbitrator, Lawyer, Mediator and Trainer

    Profile:

    Danny McFadden is a CEDR Director having joined CEDR in 2004. He is dually qualified as a lawyer both in Australia and the UK and has been involved in negotiation, conflict resolution training, mediation and international business for over 20 years. He mediates regularly in the commercial, workplace and property sectors with a particular expertise in cross-cultural and multinational trade dispute. 


    Mr Duncan Campbell

    • Senior Mediator at CEDR
    • Legal Adviser of the CBI (Confederation of British Industry)

    Profile:

    Duncan Campbell is a commercial lawyer and Legal Adviser at the CBI with many years’ experience of dispute resolution in industry and as a practising mediator since 2000. His experience in mediation and expert determination covers IT, technology, commercial, IP and international disputes. Mediations have included many high-value projects in the public and private sectors including banking, insurance, construction, professional services and media. 

    Academics:

    Prof. Guo-Ming Chen

    • Professor in Intercultural Communication
    • The Department of Communication Studies
    • The University of Rhode Island

    Research Interests:

    His primary research interests are in intercultural/organizational communication, including the areas of global communication, intercultural communication competence, Chinese communication behaviors, and conflict management and negotiations. 

    Prof. Elizabeth Stokes

    • Professor of Social Interaction
    • The Department of Social Sciences
    • Loughborough University

    Research Interests:

    Social interaction across a variety of everyday and institutional settings, using conversation analysis and membership categorization analysis; how categorial formulations are organized within sequences of action; pushing for the systematic analysis of categories to develop membership categorization studies; current projects in role-play and simulation: 1) CARM for mediation and communication skills training, 2) simulated interaction versus ‘the real thing’. 

    Prof. Dean Tjosvold

    • The Henry Y. W. Fong Chair Professor; Academic Dean Business
    • Management Department
    • Lingnan University, Hong Kong

    Research Interests:

    Dean Tjosvold has published over 200 articles, 20 books, 30 book chapters, and 100 conference papers. His research interests mainly lie in cooperation and competition,  managing conflict, and leadership and power. 

    Dr. Mary Fischer

    • Reader in languages
    • School of Marketing, Tourism & Languages
    • Edinburgh Napier University

    Research Interests:

    Company language policies; language and intercultural issues as factors in international business success. 

    Dr. Jim O’Driscoll

    • Senior lecturer in English
    • School of Music, Humanities & Media
    • University of Huddersfield

    Research Interests:

    His research interests are informed by his first-hand experience of the use of many different languages and environments, an awareness of the variety which exists and the need for us all to understand each other better in a globalised world. His present foci include language ideology, English as a global language, the concept of face and the application of linguistic insights and methodologies to conflict resolution. 

    Dr. Valerie Pallett

    • Lecturer in Chinese Interpreting and Translating
    • School of Modern Languages
    • Newcastle University

    Research Interests:

    Language testing and testing of interpreting and translating, The interpretation of numerical values. Chinese numbers and numerology; numbers in Chinese culture, education and environment; Translation theory and practice, including transcreation, re-writing, and paratext. 

    Dr. Xiaohui Yuan

    • Lecturer in interpreting and Translation Studies
    • School of Cultures, Languages and Area Studies
    • The University of Nottingham

    Research Interests:

    Intercultural pragmatics; politeness; translation and interpreting. 

     

    Open Educational Resources

    Videos of the Symposium

    Abstracts

     

     

     

    Project partners

    The project is funded by AHRC Networking Development Scheme, and is in collaboration with the Centre for Effective Dispute Resolution. CEDR is the leading independent mediation organisation in Europe, with over 20 years unrivalled experience in dispute resolution, conflict management, training and civil justice systems.

    Project Team

    Principal investigator:  

    Xiaohui Yuan

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    Translating Cultures project

     

     

    Translating Cultures

    University of Nottingham
    University Park
    Nottingham, NG7 2RD

    telephone: +44 (0) 115 8466577
    email: xiaohui.yuan@nottingham.ac.uk