What does mediation actually mean?

In this episode of Insubstantia, I speak with mediator and author Manon Schonewille about why mediation is not a single, uniform practice. Even within the same country, the mediator’s role, level of intervention, and ethical boundaries can differ significantly. Once mediation crosses borders, those differences become unavoidable.

Drawing on comparative work across jurisdictions, Manon explains how legal culture shapes expectations about neutrality, authority, fairness, and process. We explore facilitative and evaluative styles, the challenges of cross-border disputes, and why mediators must “mediate the process first, particularly in cross-border situations.”

If parties do not share the same understanding of what mediation is supposed to be, what exactly are we doing when we say we are mediating?

What we discuss:

• What mediation is, and what people consistently misunderstand about it

• The difference between negotiation and mediation

• Why cross border disputes often fail before substance is addressed

• Facilitative versus evaluative mediation styles

• Neutrality, authority, and power imbalances in different legal cultures

• Face saving and cultural expectations in international disputes

• How fairness is interpreted differently across jurisdictions

• The importance of process design before substance

• Real case examples from commercial and cross cultural mediation

• When mediation benefits from regulation, and when regulation undermines it

  
  

  Links & Resources Mentioned: 

  • Check out Manon Schonewille’s books and publications: https://www.manonschonewille.nl/author 

  • Excerpt from “The Variegated Landscape of Mediation” https://www.manonschonewille.nl/_files/ugd/682f8c_420aff0f964b4ba7b59bbc3b70759961.pdf

  Jump to Content: 

  • 09:05-11:43 On Manon’s first case about furniture and dogs

  • 18:36 - 19:30 It’s not about you in mediation 

  • 31:45 - 32:35 I define cross-border mediation 

  • 38:47 - 39:20 Is free mediation beneficial (Gabor)

  • 39:50 - 40:10 Always mediate the process first

  • 50:53 - 52:07 If you go to US or UK - cultural differences in mediation

  • 55:19 - 56:54 Korean CEO and Dutch manager

  • 1:07:39 - 1:08:29 Time in mediation

  • 1:15:46 - 1:16:30 Innovations and good practices in mediation

  • 1:29:15 - 1:30:38 Against too much regulation in mediation