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Negotiations and other ADR with the Chinese

Source: Urs Martin Laeuchli

Cross-cultural negotiations and alternative dispute resolution (ADR)1 with the Chinese, in particular, exemplify how civilization clashes may be reconciled in the post-Cold War era. Negotiations has its origins in rhetoric, the art of communication. In the last twenty years the European-American tradition has seen a renaissance of Aristotelian thinking about rhetoric. This has reactivated the idea of alterocentric thinking, and led to greater interest in principled negotiation and other forms of ADR. Simultaneously, China, steeped in traditional ADR, is becoming more open to outsiders.

Cross-cultural negotiations are inherently more difficult than intra cultural negotiations, however, they are among the most intellectually exciting challenges in the field of dispute resolution. 2 According to Huntington, Western centrism has declined and the interaction between and among all civilizations has again become the centerpiece of historical inquiry. 3 Cross-cultural exchange with modern China must be understood in the context of both her ancient and modern history of dealing with foreigners, her prospects for becoming a major power in the twenty-first century, and her history of dispute resolution.

Throughout history, relations between China and outside nations have been problematic. There have been repeated attempts to remove all foreigners from China. However, since Deng Xiaoping's plan of modernization in the late nineteen-seventies, China has increasingly sought economic and legal exchange with the United States and other nations.4

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