ADR Through a Cultural Lens: How Cultural Values Shape Our Disputing Processes

Journal of Dispute Resolution, No. 2, pp. 289-321, 2005

Posted: 5 Dec 2009

See all articles by Julia A. Gold

Julia A. Gold

University of Washington - School of Law

Date Written: 2005

Abstract

I discuss how cultural value patterns, and in particular dominant American cultural values, are reflected in the three primary dispute resolution processes in the U.S.: litigation, arbitration, and two styles of mediation (community/facilitative mediation and court annexed/evaluative mediation). I describe how American values associated with litigation, especially individualism and universalism, have exerted a strong pull on the "alternative" processes - arbitration and mediation - and made them more like litigation. I also argue that other dominant American values not associated with litigation, including internal locus of control and low power distance are reflected in community/facilitative mediation, making it the "true alternative."

Keywords: culture, cultural value patterns, ADR, mediation

Suggested Citation

Gold, Julia A., ADR Through a Cultural Lens: How Cultural Values Shape Our Disputing Processes (2005). Journal of Dispute Resolution, No. 2, pp. 289-321, 2005, Available at SSRN: https://ssrn.com/abstract=1518089

Julia A. Gold (Contact Author)

University of Washington - School of Law ( email )

Seattle, WA 98195
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
604
PlumX Metrics