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Dignity and Culture in Dispute Resolution

journal contribution
posted on 07.12.2020, 04:08 by Olufunmilola Akin Ojelabi
This paper adopts a definition of human dignity that highlights the importance of recognition and respect. These two concepts are important in dispute resolution processes, particularly where cultural differences exist between parties, or between a party and the third-party decision-maker or dispute resolution practitioner. Although cultural differences are not in themselves causes of conflict and should indeed be celebrated, culture and identity are intricately linked, meaning cultural differences negatively influence disputes and lead to intractability. Cultural differences may also affect a dispute resolution process and its outcome, particularly in relation to parties' engagement in, and perception of, the process. To prevent negative implications of cultural differences, dignity in the form of respect and recognition is important. These two concepts may also form the basis of procedural justice which, when present, enhances satisfaction in a decision-making process by giving effect to voice. This paper explores how cultural differences may diminish voice quality and how respect and recognition may lead to empowerment, thus improving the quality of voice and, in turn, both process and outcome. It discusses the elements of respect and recognition that may accord dignity to parties.

History

Publication Date

28/08/2020

Journal

Griffith Journal of Law and Human Dignity

Volume

8

Issue

1

Pagination

32p. (p. 52-84)

Publisher

Griffith University, Queensland

ISSN

2203-3114

Rights Statement

The Author reserves all moral rights over the deposited text and must be credited if any re-use occurs. Documents deposited in OPAL are the Open Access versions of outputs published elsewhere. Changes resulting from the publishing process may therefore not be reflected in this document. The final published version may be obtained via the publisher’s DOI. Please note that additional copyright and access restrictions may apply to the published version.

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