Family mediation week 5 diversity and conflict

1. SWK 4619H
Family Mediation: Theory And Practice
Diversity and Conflict
Week 5
Michael A. Saini, PhD, MSW RSW
Professor
Factor-Inwentash Chair of Law and Social Work
Co-Director of the Combined JD/MSW program

3. Definitions of Culture
Culture is a complex concept, with many different definitions.
Not limited to racial and ethnic differences, but also includes a
broader view of religion, class, gender, sexual orientation, etc.
Culture can include groups born into (gender, race or national
origin) and groups we join or become part of.

4. Definitions of Culture
“Patterns of traditions, beliefs, values, norms, symbols, and
meanings” (Ting-Toomey, 1999, p. 10)
Cultural experiences can influence the choices of food, language,
clothing, faith, customs, living arrangements, perspective on
education, socioeconomic status, country of birth, and family
structures to name a few.

5. Intergenerational Transmission of Culture
1. Learned rather than biologically transmitted
2. Socially located within group formation
3. Set of rules for behaviors
4. Individuals are not fixed within culture and may experience
different degrees of inclusion within various cultural
groups
5. Not static
6. Members of a cultural group may be unable to describe
the sets of expectations and values even though they may
be proficient in the behaviors of the group
(Phillips, 1995)

7. Individualism and
Collectivism
• autonomy, independence, and a right to
privacy (Hofstede, 1991; Hui & Triandis,
1986)
Individualist cultures emphasize
• strong cohesive ingroups, group
protection, unquestioning loyalty
(Hofstede, 1991)
Collectivist cultures emphasize

8. Connection to Culture
Intracultural
cultural elements shared within the
same group of people
Intercultural
a meeting of two different cultural
backgrounds into one relationship
Transcultural
often include a transformation
from an intercultural relationship to
a shared status of common beliefs,
symbols and worldviews

9. Self-
Reflection
Questions
Where am I from (nationality, region, and heritage)?
What are my beliefs, values, and religious and political orientation?
What is my biological sex and gender identity?
What is my age group?
What is my social class?
Which of the above factors are significant to me?
What do I see as potential opportunities, challenges, or conflicts in
my relationships with others?
What stereotypes do I hold?

10. Diversity Conflict
Exchanges of incompatible actions, behaviours, or
practices among two or more interdependent
individuals, groups, or organizations with conflicting
interests resulting from group-identity-based
differences (Adapted from Brown, 1983, pp. 4-5).

11. Key Aspects Of Diversity Conflict
Parties from different groups.
Diversity conflict involves parties
with social-group identities
based in race, gender, sexual
orientation, age, class, spiritual
practice, ability, and other
human differences.
Interdependent parties.
Diversity conflict involves
interdependent parties. The
greater the interdependence,
the greater is the potential for
conflict.

12. Key Aspects Of Diversity Conflict
Conflicting interests. The parties to
diversity conflict have different and
conflicting interests, concerns, needs (e.g.
values, world views, expectations, etc.).
Incompatible actions, behaviours, and
practices: Diversity conflict results from
actions, behaviours, or practices by one of
the parties that oppose, frustrate, or do
violence to the other party, that impacts
their ability to negotiate.

13. Key Aspects Of Diversity
Conflict
Normal and natural
human experience.
Diversity conflict is an
inevitable, normal, and
natural response by
individuals, groups, or
organizations to
differences experienced in
“the other” in order to
maintain boundaries,
integrity, and well-being.
Positive and negative
impacts on individuals,
groups, and
organizations. Diversity
conflict can be beneficial
and it can be destructive.
It can enhance
performance and be a
barrier to performance.

14. Key Aspects Of
Diversity Conflict
Conflict as systemic conflict. Conflict can be
understood as a systemic process in which
conflict results from the norms, values, customs,
laws, behaviours, policies, structures, practices,
and other aspects of the cultures of groups,
organizations, and society.
Oppression-based diversity conflict: Conflict
between dominant and marginalized groups and
group members that results from racism, sexism,
heterosexism, and other forms of oppression.

15. Two Sides of Diversity Conflict

16. Diversity
Conflict
Based in
Human
Differences
Disagreement and conflict resulting from the
different interests, skills, backgrounds,
perspectives, values, experiences, abilities,
and contributions of members of all groups.
Conflict based in the merits of difference,
rather than prejudice and power differences
among groups.
Provides opportunities for breakthrough and
enhanced creativity, innovation, problem-
solving, and decision-making.

17. Diversity
Conflict
Based in
Oppression
Combination of prejudice and power exercised by
dominant groups over marginalized groups.
Institutionalized in the norms, laws, structures, and
practices.
Kept in place by the interdependent of both the
dominant and marginalized groups.
Composed of the “isms” which are based in social
identity group membership: racism, sexism,
heterosexism, and other forms of oppression.

18. Dominant
Group
Privilege
• Privilege is the rewards, benefits, access,
opportunities, advantages, and goods and
services received by dominant group
members because of their group
membership.
• They receive these benefits without regard
to individual achievements, performance,
contributions, and accomplishments
(McIntosh, 1989; Kivel, 1996).
• Dominant group privilege is unearned.

19. Escalating Diversity
Conflict
• A spiraling cycle of conflict between the parties
that increases in intensity.
• Conflict tactics increase in the level of
aggressiveness and coercion.
• Issues proliferate and increasing resources
are devoted to winning.
• There is a shift from specific issues to
general, overarching issues and the
relationship between the parties
deteriorates.
• Desired outcomes shift from doing well, to
winning, to hurting the other party.
• The number of conflict participants increases
as the parties seek allies.

20. Non-Escalating
Conflict/Stalemate
Cycle between parties in an ongoing
exchange of actions and reactions where the
intensity of conflict is sustained…..neither
escalating nor de-escalating.
A kind of “cold war” of criticizing, ridiculing,
and name-calling between the parties.
Persistence of non-escalating conflict can
lead to cumulative intolerance between the
parties and escalating conflict or it can lead
to fatigue and de-escalation.

21. Diversity
Conflict
Management
Closure
Winning and losing
Achievement of a desired outcome
Mutual agreement
Enhanced individual, and group performance

22. Diversity
and
Mediation
• Increased ethnic and racial diversity in North
American families today (Vanier Institute of the
Family, 2010).
• High levels of immigration from diverse source
countries (Sabo, 2000; Statistics Canada, 2008)
• Substantial increase in the number of
intercultural marriages in both United States
and Canada (Crippen & Brew, 2007; Vanier
Institute of the Family, 2010)
• Likely that mediators will work with families from
racial and ethnic cultures different from their own.

23. Culturally
Sensitive
Mediation
Practice must vary when working with
children and families across cultural groups
Differences may operate at an unconscious
level when working with diverse groups
Due to the confounding factors cross-cultural
studies of mediation should be considered
with caution and generalizations should be
avoided

24. Culturally
Sensitive
Mediation
Unaddressed or unresolved cultural
impasses can both exacerbate the
conflict and prevent the parities from
resolving underlying differences of
values, beliefs and cultural expectations
Mediators should be culturally aware of
their own biases and the various
perspectives held by the parties in order
to mediate cultural impasses
(Meierding, 1992)

25. Culturally
Sensitive
Mediation
Each parent may articulate a “right”
to share their cultural beliefs with
their children (Van Praagh, 1997)
Mediators are then asked to facilitate
how each parent’s cultural heritage
can be shared with the children
Cultural impasses that have
significant implications for the child’s
sense of self-identify

26. Cultural
Perceptions in
the
Mediation
Process
Help us make sense of the world
We fill in information to fit some pattern we know
Can limit our options for acting
Makes perfect sense to the knower
Don’t need to agree with perceptions to
understand and respect them

27. Cultural
Perceptions in
the
Mediation
Process
Understanding perceptions can expand
the range of possible solutions.
Appreciating perceptions helps us
distinguish between people and problems
Discovering interests is an exercise in
discovering perceptions

28. Patterns of Cultural
Differences
• Communication Styles
• Attitudes toward Conflict
• Approaches to Completing Tasks
• Decision-making Styles
• Attitudes toward Disclosure
• Approaches to Knowing

29. Skills to
Bridge Cross-
Cultural Gaps
Ask three most important things they
have learned in their lives and explain
why
Ask to bring cultural artifacts, such as
poems, music, or photographs, and to
share their stories
Ask each side to identify a common
stereotype of their culture, how it feels,
and explain why
Describe your own culture, list the
stereotypes you know of, and explain
why they are inaccurate (Cloke, 2001)

30. Skills to Bridge
Cross-Cultural
Gaps
• Assess for cultural protective factors that serve to buffer
children during stressful adjustment problems
• active extended family members
• extensive kinship network
• church or religious affiliation
• strong racial identity
• close attachment to the ethnic community
• supportive social environments of various ethnic
communities

31. Skills to Bridge Cross-Cultural Gaps
• Complete an assessment of cultural sensitivity to reduce personal biases and
stereotyping.
• It is important to be self-aware of one’s own cultural biases in terms of
• differences in child-rearing, parenting and play, cultural factors that influence
families’ expectations of their involvement with the family court, cultural
influences of families’ attitudes towards interacting with professionals

32. Culturally Sensitive Mediator
• A lack of cultural awareness can result in:
• Not adeptly responding to cultural differences
• Pathologizing differences as deficiencies in the child and/or family
• Bias data collection and assessment
• Interfere with parenting plans based on the unique needs of the family

33. Culturally
Sensitive
Mediator
• A culturally aware and sensitive mediator should
have the following qualities:
• Self-awareness, introspection, the capacity to
be surprised and a willingness to learn.
• An awareness of the importance of reflection;
the ability to question assumptions.
• An understanding of cross-cultural
communication patterns (eg turn-taking, short
or long silences, implications of smiles and
laughter, tones of voices, body languages,
facial expressions, gestures etc).
• A full understanding of how to use interpreters
and translators.
• A good understanding of the relationships
between language, culture and power.
• The ability to accommodate the cultural habits
of others, and an open, flexible attitude (Feng
Law, 2009)

34. Case Study
Hamid and Duha lived together for seven years. They have two boys. Hamid described his past relationship
with his wife has a traditional Iraqi family. Hamid owns his own carpet business and his wife helped with the
paperwork and was was solely responsible for all household duties and childcare. Hamid said the destruction
of the relationship occurred because the eldest boy told him that he saw Duha chatting on the internet. When
he confronted her, Duha left the home and left the children behind. She has recently filed for divorce. She has
requested sole custody and stated that she left the children behind at the time of separation because she did
not want to expose them to further conflict. Hamid said he does not understand why Duha was chatting on
the internet and is confused of why she left him. Recently the boys have been having trouble at school in
which Hamid blames Duha for leaving because she is not present to assist the boys with their homework. He
now has doubts of how good of mother she is and questions how much time she actually spent on the
internet. He said he foolishly trusted her to take care of the children and the house. Hamid said his mother
had been helping out while he is at work. The children have not seen their mother since she left but they have
talked to her on the phone. Duha reports the children tell her that Hamid says she does not love them
anymore so there is no need for them to see her. Lawyers are involved to work out a visitation schedule that
both parties can agree. Hamid wants supervised visits, if any, because he says he is afraid Duha will run away
with the children. He also wants sole custody. Hamid says that he wants to get back together with Duha in the
beginning, but now, he wants nothing to do with her because she has embarrassed him and his family.

35. Discussion for Case Study
• How does diversity conflict impact this family situation?
• How much is this conflict about human differences or oppression?
• How can bias play into the resolution of the conflict?
• What should the mediator do to ensure cultural sensitivity towards both parents?