What mediators do with words: Implementing three models of rational discussion in dispute mediation

This study identifies three models of rationality that mediators employ in interpreting conflict situations and formulating the most sensible and appropriate way to proceed. These models, critical discussion, bargaining, and therapy articulate what mediators presume about the nature of conflict and the framework of activity required to manage the conflict. The models were developed through a close analysis of a corpus of forty-one mediation sessions. The analysis shows that the substance, direction, and outcome of mediation is shaped by the framework of activity implemented by the mediator. This can be seen by the way in which arguments are deflected and discouraged in bargaining and therapy models. These models suggest that mediation competence can be understood in terms of two issues: which model to implement when and how best to implement any model in a stream of discourse.

[1]  Jonathan H. Millen,et al.  Toward a new discourse for mediation: A critique of neutrality , 1991 .

[2]  S. Merry,et al.  Ideological Production: The Making of Community Mediation , 1988 .

[3]  E. Goffman The Presentation of Self in Everyday Life , 1959 .

[4]  C. Hale,et al.  Achieving neutrality and impartiality: The ultimate communication challenge for peer mediators , 1997 .

[5]  D. Greatbatch,et al.  SELECTIVE FACILITATION: SOME PRELIMINARY OBSERVATIONS ON A STRATEGY USED BY DIVORCE MEDIATORS , 1989 .

[6]  Angela Cora Garcia,et al.  Dispute Resolution Without Disputing: How the Interactional Organization of Mediation Hearings Minimizes Argument , 1991 .

[7]  J. Rifkin,et al.  Practice and Paradox: Deconstructing Neutrality in Mediation , 1991, Law & Social Inquiry.

[8]  Tamar Katriel,et al.  “What we need is communication”: “Communication” as a cultural category in some American speech , 1981 .

[9]  S. Jacobs Speech acts and arguments , 1989 .

[10]  D. Greatbatch,et al.  Argumentative talk in divorce mediation sessions , 1997 .

[11]  Sally Jackson,et al.  Relevance and digressions in argumentative discussion: A pragmatic approach , 1992 .

[12]  Scott Jacobs,et al.  Maintaining neutrality in dispute mediation: managing disagreement while managing not to disagree , 2002 .

[13]  O. Cohen,et al.  The limits of the mediator's neutrality , 1999 .

[14]  J. Searle A classification of illocutionary acts , 1976, Language in Society.

[15]  A preliminary portrait of client reactions to three court mediation programs , 1984 .