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.

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.

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.

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

International Mediation: Breaking Business Deadlock, Third Edition (previously titled: International Mediation: The Art of Business Diplomacy) is written by two of the foremost international mediation experts and practitioners. This title provides an essential guide to the effective and timely resolution of international business disputes. It provides a real picture of what happens in international mediation and how it is structured providing practical guidance to allow parties to make the best of the process. This highly practical book provides the answers to questions the ready may have regarding the international mediation process such as: How does mediation work and what will it cost? What are the limitations? What skills are required? How long will it take? How are the outcomes enforced? How can business best use mediation? It contains case histories and practical guidance helping to put international mediation in to real situations that the reader can relate to demonstrating how and why international mediation works and why it is such a powerful tool to resolving business conflict. The authors show how to use mediation techniques as a foundation for a more purposeful, strategic approach to conflict management in organisations.

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.