Garcia2012

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Garcia2012
BibType ARTICLE
Key Garcia2012
Author(s) Angela Cora Garcia
Title Advice-giving and disputant empowerment in divorce mediation sessions
Editor(s)
Tag(s) EMCA, mediation, dispute resolution, empowerment, advice giving. Conversation Analysis, Speecb Act Theory
Publisher
Year 2012
Language
City
Month
Journal Language and Dialogue
Volume 2
Number 3
Pages 398–342
URL Link
DOI 10.1075/ld.2.3.05gar
ISBN
Organization
Institution
School
Type
Edition
Series
Howpublished
Book title
Chapter

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Abstract

While mediation programs vary greatly in their procedures and philosophies, most programs expect the mediator to act as a neutral facilitator who empowers disputants to resolve the dispute themselves. Advice-giving by mediators is therefore typically not recommended. However, mediators often find ways to give advice, if only indirectly. In this paper I use conversation analytic techniques to examine how mediators give advice to disputants in videotaped mediation sessions between divorcing couples. I found that while mediators display an orientation to a norm of no advice-giving, they do often give advice. Advice is often formulated indirectly, for example as a suggestion rather than as prescriptive advice, or as general information rather than advice targeted to a specific individual. Mediators also often gave procedural rather than substantive advice. These findings are discussed in terms of how advice-giving can support or detract from the ability of mediators to empower mediation clients to resolve their own disputes.

Notes