Dispute Resolution and the Politics of Cultural Generalization

This essay argues that generalizations about cultural identities and values should play a key role in designing procedures to resolve disputes. Generalizations about cultures are risky given the complexity of memberships and group boundaries, not to mention the power dynamics within and between social groups. But it is important to take the risk: attempts to avoid or transcend culture in resolving disputes pose and even greater, or reiterating the understandings of dominant cultural groups under the guise of neutrality. The author explores the "politics of cultural generalization" in theoretical terms, then considers its implications for concrete elements of dispute resolution training and process design.