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Abstract

Mediation has become a central approach of conflict resolution in a wide variety of cultures and legal systems. The paper discusses the characteristics that describe the comparative aspects of Eastern and Western mediation models, including how culture, social and legal elements interfere in defining the practice of mediation. Whereas Western models regard formal processes, personal rights and neutral facilitation, the eastern models lay more emphasis in the relationship harmony, community engagement and moral persuasion. Based on a qualitative comparative analysis, using case studies, academic literature and mediation manuals, the study reveals the strengths and limitations of each of the models. The study also examines the relevance of cross-cultural and international mediation in cross-cultural and international conflicts. The results highlight the role of cultural awareness in mediators and the possibilities that may be explored to adapt the best practices in each tradition to make mediation more effective and legitimate in the international setting.
Keywords: Mediation, Conflict Resolution, Eastern vs. Western Models, Cultural Context, Harmony and Individualism, Alternative Dispute Resolution (ADR), Cross-Cultural Negotiation, Comparative Legal Analysis