Anna Fuiava chairs panel at NZ Asian Lawyers Conference

At the NZ Asian Lawyers Conference on 14 August 2025, Denham Bramwell Partner Anna Fuiava (AMINZ 2023 Determinative Scholar) chaired a significant panel examining the nuances of mediation involving Asian parties. The panel brought together leading voices: Margaret Chen, Dr Heida Donegan, Daniel Kalderimis KC, and Mark Kelly. All have extensive experience navigating cross-cultural dynamics in commercial and interpersonal disputes.

As New Zealand’s relationships with Asian communities and markets continue to deepen, lawyers and mediators must develop a sophisticated understanding of the cultural frameworks that influence negotiation, communication, and settlement. Technical legal expertise alone is no longer sufficient. Effective mediation requires appreciating values such as face, hierarchy, collectivism, and indirect communication, all of which shape engagement at the table.

Themes

A central theme of the discussion, reinforced by Dr Heida Donegan, was that in many Asian contexts, the person present at mediation is not always the ultimate decision-maker. Decisions often emerge from a process of consensus-building, consultation and respect for senior authority. This may require mediators to allow additional time for gatherings, private consultations with senior figures not in the room, and space for parties to reflect before committing to a position. While decision-making can be slower, settlements reached through this process are frequently more durable, as they reflect the buy-in of the full hierarchy.

The panel emphasised that mediators must adapt their approach to reinforce self-determination without imposing Western expectations. In hierarchical cultures, decisions are expected to flow from senior leadership, yet mediators can still empower participants by ensuring outcomes take into account the perspectives and needs expressed by those physically present.

Communication style also plays a critical role. Many Asian parties may communicate in less direct ways, using nuance, silence, or intermediaries. What might be perceived as hesitation in a Western context may instead be a strategic pause, a respectful gesture, or an invitation to reframe an issue. Lawyers can support clients by preparing them to listen carefully, avoid pushing prematurely for yes or no answers, and recognise the importance of maintaining dignity and avoiding confrontation.

The panel agreed that face-saving is essential. Language that avoids blame, ultimatums, or rigid positional statements helps keep dialogue open. Overly adversarial tactics common in some Western mediations, such as “take-it-or-leave-it” framing, may unintentionally cause loss of face and entrench disagreement.

Success factors

A mediator who understands these cultural norms can bridge gaps between parties and help them avoid misunderstandings that may otherwise derail the process. By incorporating relational considerations, respecting hierarchy, and allowing space for consensus-building, mediators can create an environment where all parties feel heard, respected and able to reach a meaningful resolution.

Anna’s role in chairing this panel reflects her ongoing leadership in culturally responsive dispute resolution and underscores Denham Bramwell’s commitment to practices that recognise and respect New Zealand’s diverse communities.

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Read more about Anna Fuiava

- Anna Fuiava named AMINZ Determinative Scholar 2023

- Supporting our people to extend their professional influence

- Anna Fuiava talks about her NZLS committee work

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