Interactional constraints on proposal generation in mediation hearings: A preliminary investigation

Journal/Book: Discourse Society. 1997; 8: 6 Bonhill Street, London, England EC2A 4PU. Sage Publications Ltd. 219-247.

Abstract: Previous research on negotiation and bargaining suggests that problem-solving strategies lead to more beneficial outcomes than contentious strategies. This paper asks whether participants in mediation hearings use problem-solving or contentious strategies to generate ideas for solutions to issues under dispute. Nine videotaped and transcribed mediation hearings are analyzed using an ethnomethodological conversation analytic approach. I found that mediators and disputants play different roles with regard to the generation of ideas for solutions to the conflict. Mediators are free to suggest solutions without committing themselves or others to that solution (a problem-solving strategy). Disputants, on the other hand, are seen to be committed to the suggestions they make (a contentious strategy). However, disputants could mitigate the potential contentiousness of their positions with various techniques. I explore the implications of these findings for the ability of disputants to creatively contribute to solution-generation in the context of mediation.

Note: Article Garcia A, Univ Cincinnati, Dept Sociol, POB 210378, Cincinnati,OH 45221 USA

Keyword(s): conflict resolution; conversation analysis; ethnomethodology; mediation; EXCHANGE NETWORKS; ORGANIZATION; POWER; CONVERSATION; NEGOTIATION

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