Beyond accommodation: The cultural politics of recognition and relationality in dispute resolution

Brigg, Morgan (2015) Beyond accommodation: The cultural politics of recognition and relationality in dispute resolution. Australian Journal of Family Law, 29 3: 188-202.

Attached Files (Some files may be inaccessible until you login with your UQ eSpace credentials)
Name Description MIMEType Size Downloads
Author Brigg, Morgan
Title Beyond accommodation: The cultural politics of recognition and relationality in dispute resolution
Journal name Australian Journal of Family Law   Check publisher's open access policy
ISSN 0817-623X
Publication date 2015
Sub-type Article (original research)
Volume 29
Issue 3
Start page 188
End page 202
Total pages 15
Place of publication Chatswood, Australia
Publisher LexisNexis Butterworths
Collection year 2016
Language eng
Formatted abstract
Mediation and allied processes are informal and ‘relational’ in ways that hold significant potential for working across cultural difference in settler-multicultural states. This article critically analyses this potential in three sections. The first section argues that mediation is commonly characterised by ‘thin’ relationality that masks and facilitates the governing of cultural difference in relation to the politico-legal regime of Western liberalism through the politics of recognition. The second draws out potential for ‘thicker’ forms of relationality wherein individuals come into being together and are hence mutually susceptible. Thicker relationality challenges liberal governance by requiring engagement with the ontological and normative reference points of diverse parties in mediation. The third section argues that fears about engaging with non-liberal traditions and practices are misplaced and can be navigated, not only through mediation but also through law. By embracing critical analysis and thicker relationality, mediation has the potential to contribute to evolving conflict management for working across cultural difference.
Keyword Culture
Conflict
Mediation
Liberal governance
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2016 Collection
School of Political Science and International Studies Publications
 
Versions
Version Filter Type
Citation counts: Google Scholar Search Google Scholar
Created: Mon, 04 Jan 2016, 11:05:54 EST by Morgan James Brigg on behalf of School of Political Science & Internat'l Studies