Ninety-three percent of participants in a 1980 study reported that their driving was  “better than average.” 1 Similarly,

“Bad Drivers” by corykrug is licensed under CC BY-NC-SA 2.0 it may not

be surprising if most mediators felt we were
“culturally competent.”
As I am just beginning to learn more, I may
not be “above average.” Nevertheless, I am
sharing what I have learned about cultural
competence thus far.

“Bad Drivers” by  corykrug  is licensed under CC BY-NC-SA 2.0

Defining Cultural Competence

 Between the Parties
In a mediate.com article from 2011, David Aschaiek, Ph.D. describes cultural competency as facilitating discussion “across parties in spite of cultural differences that contribute to barriers to understanding.” He describes it as another “essential tool” in the “mediator toolkit.”

 Self-Reflection
For most of my practice, this was my understanding as well. But on further examination, we must also consider how mediators ourselves contribute to misunderstandings and conflict by either an unwillingness or incapacity to examine our own cultural biases. This self-reflective concept first began in the context of health care because of the consequences of a misdiagnosis as well as significantly undertreating an entire population. 2

 Not a Goal but Lifelong Process
Cultural competence sounds like an achievable goal (e.g. completing driver’s exam or passing a class in cultural differences.) However, according to Tervalon & Murray-Garcia (1998), it is not an event but more an active engagement in the life-long process of self-reflection and critique. In that process, we not only learn about another’s culture but start by examining our own beliefs and cultural identities (Tervalon & Murray-Garcia, 1998).

1 “Illusory superiority” is a cognitive bias where we humans overestimate our qualities and abilities compared to other people.
2 See Racial Differences in Glaucoma Care (Ostermann, 2005) found growing evidence of undertreatment in blacks and other minorities in other health arenas, especially surgical services, consistent with this concern of a potential disparity in access to and use of eye care services for glaucoma.

2 Cultural Humility
The authors discussed this ongoing process of learning in the context of physician training outcomes. How individuals continually self-critique as reflective practitioners is best described as “Cultural humility” (Tervalon & Murray-Garcia). Future doctors needed to identify and examine their “own patterns of unintentional and intentional racism, classism and homophobia.” Self-reflection as a core part of cultural competence expands beyond the medical community. Portman, 2009 examined self-reflection with school counselors for the purpose of mediating culture between students. It has also been studied in the context of supervisor/supervisory working alliances which improved with cultural competence (Crockett & Hays, 2016). The world-wide organization Preemptive Love 3 defines cultural competency in three ways. First understanding our own culture, beliefs, and assumptions; second, having a willingness to learn about another’s culture; and last, readily accepting and respecting those differences.

Examining Our Own Cultural Beliefs

It is hard to consciously analyze our own assumptions and unspoken rules about what is (and is not) socially acceptable in our speech, body language, gender roles, etc. In pre-screening, we should take a few quiet minutes after initial conversations to examine how we feel. Have our own assumptions been triggered? In examining them, we can acknowledge that our social norm may not be appropriate or accurate for them.

Willingness to Learn

Humility is necessary for learning from others. How can we be open? We can show respect and listen for cues.
 Correctly pronounce names. (Google is helpful by typing in “Pronounce X.”)
 Listen to how people refer to themselves including pronouns beyond “he” or “she.” This
includes “they” as a singular pronoun.
 Ask people how they wish to be addressed if we are not sure.
 Observe gestures and other nonverbal communications.

Empathize

It is impossible to fully understand someone else’s life experience, but it is valuable to try. Imagining their experience the way you have heard them describe it goes a long way toward understanding their culture and worldview.

3 Preemptive Love works across Iraq, Syria, Latin America, and the United States to reduce the risk and spread of war and to change ideas that lead to war.

3
Increasing Cultural Competence Outside of Mediation

Engage We need to engage and build relationships with the people around us who are different. We need to make eye contact, smile, and say hello. When we begin to ask questions with caring curiosity, people will believe us and respond. We should challenge ourselves to learn more about one culture. We can take classes to help us learn more about different cultures.

Show interest.

Whether it is dinner, a cooking or language lesson, or a special festival that celebrates their culture, go, and learn. Invite them to do the same in your world. You will both be better for having learned something new, and you will have fun doing it.

Listen

We listen well in mediation. But outside, especially in the current political climate, how often do we listen to someone with whom we significantly disagree? Do we accept our discomfort and just listen with no attempt to interrupt or persuade?

Assessing Our Own Attitudes and Biases.

Even without significant errors, the failure to self-reflect can prevent the best possible mediation. When I approached my first transgender mediation, I had not heard of cultural competence. The husband in the case was a now a transgender woman. I felt a sense of trepidation. While I had the best of intentions, my goal was merely to minimize errors that would distress her. I practiced referring to her current name and double-checked pronouns in the legal documents for accuracy. But I never reflected on my own upbringing and how my emotions might affect the mediation.

Now, I try to assess my assumptions and biases in every mediation to cultivate cultural competence.

Lisa L. Derr, UW Madison 1987, is a partner at Derr & Villarreal where she concentrates her
practice in family law litigation and mediation.