Concepts and Theories in the Use of Mediation: Shaming Models in American and Chinese Cultures (From Comparative Criminal Justice: Traditional and Nontraditional Systems of Law and Control, P 379-389, 1996, Charles B Fields and Richter H Moore, Jr, eds. -- See NCJ-161138)

• NCJ Number: 161159
• Author(s): Y Fang; M D McShane; F P Williams III
• Date Published: 1996
• Length: 11 pages
• Sale Source: Waveland Press, Inc.
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America

Annotation

This paper focuses on the use of a shaming model as the conceptual basis for mediation because of its tradition and history as a method of punishment and repentance in many cultures, particularly in China; the feasibility of a shaming model for mediation in the United States is assessed.

Abstract

Chinese mediation programs encompass a wide range of cases, including civil cases, security cases, and minor criminal cases. These programs evolved over an extended period of time. The shaming model in Chinese mediation programs is successful, in part, because of thee elements: public opinion, stable interaction among people, and offenders' morality and amenability. Public opinion is important to persons who live in a communal society where people's opinions of one another are important in regular interactions. Traditionally, Chinese people have had close relationships with each other, and the concept of community and living by community standards is an important motivator. Persons who violate communal norms and are exposed in their violations typically experience shame. A second factor in an effective shaming model is stable interaction among people. In a stable community, offenders are supervised by peer groups and neighbors. Offenders know people's reactions to them through glances, attitudes, comments, and body language. The third element, an offender's morality and amenability, is necessary before shame can occur; if the offender does not care about violating communal behavioral standards and does not want to be restored to acceptance by the community, then the shaming model will not be effective. Because of a strong communal life and ethic, China is suited to the use of a shaming model in mediation. Because of different social conditions in America, the shaming model cannot be widely successful. Large, impersonal residential areas where neighbors hardly know one another are not conducive to the shaming model. It may be effective, however, in smaller, stable communities, where residents have lived together for years and regularly interact with one another in a variety of ways. The key to success will lie in how the mediation environment is structured and how the elements of shaming are used in community corrections. A 9-item bibliography