Eastern perspective on Mediation / by William Lye

Mediation is a form of alternative dispute resolution that has gained widespread popularity in recent years. It involves the intervention of a neutral third party who helps the parties in conflict come to a mutually acceptable solution. Mediation has its roots in ancient Eastern traditions, where the concept of non-adversarial dispute resolution has been in practice for centuries. In this article, we will explore the Eastern perspective on mediation and its influence on contemporary mediation practices.

Eastern philosophy emphasizes the importance of harmonious relationships, and mediation is seen as a way to promote peaceful coexistence. In Eastern cultures, mediation is seen as an essential aspect of community building and social harmony. The goal of mediation is not simply to resolve a conflict but also to restore relationships and promote healing.

In Eastern cultures, the mediator is seen as a neutral and impartial third party who helps the parties to reach a mutually acceptable solution. The mediator's role is to facilitate communication, build trust, and encourage the parties to look for a solution that benefits both sides. The mediator is not there to impose a solution or to take sides but rather to guide the parties in finding their own way forward.

One of the key differences between the Eastern and Western approach to mediation is the emphasis on relationships. In the East, relationships are seen as a fundamental aspect of human life, and mediation is seen as a way to preserve and restore these relationships. In contrast, in the West, mediation is often seen as a means to achieve a legal settlement or resolution of a dispute.

Another difference between Eastern and Western mediation is the role of emotion. In Eastern cultures, emotions are seen as an important part of the negotiation process. Mediators are trained to recognize and acknowledge the emotions of the parties involved and to help them to manage these emotions in a constructive way. In contrast, in Western mediation, emotions are often downplayed or ignored, and the focus is on the facts and the legal issues.

In Eastern cultures, mediation is often seen as a collective process rather than an individual one. The parties involved are seen as representatives of a larger group or community, and the mediator's goal is to find a solution that benefits everyone involved. In contrast, in Western cultures, mediation is often seen as an individual process, with the focus on the interests and needs of the parties involved.

The Eastern approach to mediation also places a great deal of emphasis on mindfulness and meditation. Meditation is seen as a way to cultivate inner peace and to develop the skills necessary for effective mediation. Mediators are often trained in meditation techniques, and these techniques are used to help the parties to manage their emotions and to stay focused on the task at hand.

In many Eastern cultures, mediation is seen as an art form, and the mediator is seen as an artist. The mediator is expected to be skilled in communication, negotiation, and conflict resolution, and to be able to use these skills to create a beautiful and harmonious solution to the conflict.

In conclusion, the Eastern perspective on mediation emphasizes the importance of relationships, emotion, and mindfulness. Mediation is seen as a way to promote social harmony, restore relationships, and create beautiful and harmonious solutions to conflicts. While there are many similarities between Eastern and Western mediation practices, the Eastern approach places a greater emphasis on collective solutions, emotional intelligence, and the art of mediation. By understanding and incorporating these perspectives, mediators can improve their ability to facilitate effective and meaningful resolutions to conflicts