Gender, Power, and Culture in Mediation

Objective:

By the end of this lesson, you will understand the impact of gender, power, and culture on mediation. This knowledge will equip you to navigate these dynamics sensitively and effectively, ensuring a fair and culturally responsive mediation process.

Role Play: A Dispute Between a Husband and Wife in Garissa Over Marital Property

To apply the concepts of this lesson, consider the following scenario:

Background: In Garissa, a husband, Ahmed, and his wife, Fatuma, are in conflict over marital property following their separation. Ahmed claims ownership of their house and livestock (worth KSH 2 million), arguing he earned them as the breadwinner. Fatuma demands an equal share, citing her unpaid domestic labor and local customs supporting joint ownership. Cultural norms and gender roles are intensifying their dispute.

Parties Involved:

• Ahmed (Husband): Wants full control, leverages traditional male authority.
• Fatuma (Wife): Seeks equality, invokes cultural and labor contributions.

Task: As you work through this lesson, think about how gender, power, and culture could shape mediation between Ahmed and Fatuma. How would you address these factors? We’ll revisit this at the end to apply your learning.

Course Content:

1. Gender Dynamics in Mediation

Gender influences how parties engage in mediation, as outlined in the 40-Hour Mediation Course Handbook (Module 8, p. 105):

• What It Is: Gender refers to “socially constructed roles, behaviors, and expectations” tied to being male or female (p. 105).
• Impact in Mediation:
  • Roles: Ahmed may assert dominance as the “provider,” while Fatuma’s contributions are undervalued due to gender norms.
  • Communication: Men might dominate (e.g., Ahmed interrupting), women might defer (e.g., Fatuma hesitating).
  • Perception: Stereotypes can skew trust, e.g., viewing Fatuma as “emotional” vs. Ahmed as “rational.”
• Mediator’s Role: Recognize biases, ensure equal voice, e.g., “Fatuma, I’d like to hear your view fully—Ahmed, please wait.”

Key Insight: Gender shapes power and voice—mediators must balance them.

Reflection Question: How might Ahmed’s gender role affect his stance on the property?

2. Power Imbalances and How to Address Them

Power disparities can hinder fair mediation, as detailed in the handbook (Module 8, p. 110):

• What It Is: Power is “the ability to influence outcomes,” often unequal due to resources, status, or norms (p. 110).
• Examples in Role Play:
  • Economic: Ahmed controls income, giving him leverage.
  • Social: Patriarchal norms favor Ahmed as the “head” of the household.
• Addressing Imbalances:
  • Equalize Participation: “Ahmed, let’s ensure Fatuma finishes—both perspectives matter.”
  • Empower the Weaker Party: Support Fatuma, e.g., “Tell me more about your role at home—it’s relevant.”
  • Neutral Framing: Reframe power-based claims, e.g., “Instead of who owns it, let’s find a fair split for both.”
  • Caucusing: Meet Fatuma privately to uncover fears, boosting her confidence.

Key Insight: Power isn’t eliminated—it’s managed for fairness.

Reflection Question: How could caucusing help Fatuma overcome Ahmed’s economic power?

3. Cultural Considerations in Mediation

Culture shapes values and conflict, requiring mediator sensitivity, as per the handbook (Module 8, p. 113):

• What It Is: Culture is “shared beliefs, customs, and practices” influencing behavior (p. 113).
• Impact in Role Play:
  • Norms: Garissa’s Somali-influenced culture may prioritize male ownership (Ahmed’s view) but also recognize women’s contributions (Fatuma’s claim).
  • Respect: Disrespecting faith or tradition (e.g., dismissing Fatuma’s domestic role) could derail talks.
• Mediator’s Approach:
  • Understand Context: Research local customs, e.g., joint property in Islamic law (p. 113).
  • Respect Values: “I see this land matters to your family’s honor—how can we honor both?”
  • Adapt Process: Use culturally accepted terms, e.g., “sharing” vs. “dividing” if division feels taboo.
  • Avoid Bias: Don’t impose external norms—let Ahmed and Fatuma define fairness.

Key Insight: Culture isn’t a barrier—it’s a lens for solutions.

Reflection Question: How might Garissa’s culture support Fatuma’s claim?

Applying the Lesson to the Role Play

Let’s revisit Ahmed and Fatuma’s dispute:

• Gender Dynamics:
  • Ahmed dominates; you ensure Fatuma speaks: “Fatuma, what’s your take on the house?”
• Power Imbalances:
  • Ahmed’s economic edge is countered by caucusing with Fatuma: “What do you need to feel secure?”
  • Reframe: “Let’s find a way you both benefit from this property.”
• Cultural Considerations:
  • Respect tradition: “I know family assets are sacred—how can we share them honorably?”
  • Outcome: House to Ahmed, livestock split 50-50, reflecting cultural equity and labor value.

Your Role as Mediator: You’d balance gender roles, mitigate power, and honor culture, guiding them to a fair resolution.