Cultural Mediation in Legal Disputes: Conflict Resolution Across Diverse Communities
Keywords:
cultural mediation, legal disputes, conflict resolution, legal pluralism, diverse communities, qualitative research, Tehran, alternative dispute resolutionAbstract
This study aimed to explore how cultural mediation contributes to the resolution of legal disputes across diverse communities in Tehran by examining the experiences of mediators, legal practitioners, community actors, and disputing parties. This qualitative study used a conventional thematic analysis design. Participants were selected through purposive sampling from legal, social, and community-based mediation settings in Tehran. Data were collected through semi-structured interviews with 24 participants, including court-affiliated mediators, lawyers, social workers, community leaders, and individuals who had experienced culturally mediated legal disputes. Interviews continued until theoretical saturation was reached at the twenty-first interview, followed by three additional interviews to confirm saturation. All interviews were audio-recorded with participants’ consent, transcribed verbatim, and analyzed using Braun and Clarke’s six-phase thematic analysis. NVivo software was used for coding, categorization, memo writing, and retrieval of thematic patterns. Trustworthiness was enhanced through member checking, peer review, prolonged engagement with the data, and maintenance of an audit trail. The analysis generated five main categories: cultural translation of legal meanings, trust-building and procedural legitimacy, negotiation between formal law and community norms, emotional de-escalation and relational repair, and structural limits of cultural mediation. Participants described cultural mediation as a process that translated not only language but also norms, expectations, honor concerns, family obligations, and community-based understandings of justice. While culturally informed mediation improved communication and reduced hostility, participants also emphasized risks related to power imbalance, gender inequality, informal pressure, and weak enforceability. Cultural mediation can strengthen access to justice in diverse urban communities when it is practiced within an ethical, rights-sensitive, and legally accountable framework. Its value lies in connecting formal legal procedures with lived cultural realities, but its effectiveness depends on mediator competence, institutional safeguards, and protection of vulnerable parties.
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