Inclusiveness or Tokenism? Culture and Mediation in New Zealand’s Dispute Resolution Statutory Regimes

References to culture are becoming more common in New Zealand’s dispute resolution statutory regimes. The most recent being, the proposed Te Ture Whenua Māori Bill 2016 (NZ). This welcome development creates challenges for the mediation community. If culture is to be included in these regimes it should translate into effective practice. Otherwise there is a risk of tokenism which could be worse than not including cultural practice at all. To overcome these challenges, the mediator must be sufficiently culturally aware. This begins with self-awareness and education. There is a need for both individual mediators and professional organisations to take a more comprehensive approach to cultural training which will lead to deeper understanding. In practice, a mediator can adapt existing mediation models, use an eclectic approach and utilise different techniques in an effort to effectively incorporate culture. Mediators must be able to maximise inclusiveness and avoid tokenism