Garcia1995

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Garcia1995
BibType ARTICLE
Key Garcia1995
Author(s) Angela Cora Garcia
Title The problematics of representation in community mediation hearings: implications for mediation practice
Editor(s)
Tag(s) EMCA, Mediation, Representation, Community
Publisher
Year 1995
Language
City
Month
Journal Journal of Sociology and Social Welfare
Volume 22
Number 4
Pages 23-46
URL Link
DOI
ISBN
Organization
Institution
School
Type
Edition
Series
Howpublished
Book title
Chapter

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Abstract

Empowering disputants to represent themselves and create their own agreement is a frequently cited goal of community mediation programs. This paper explores how disputants' positions and interests are represented in mediation, and investigates the implications of such representation for the negotiation process. This narrative analysis of transcripts of videotaped community mediation hearings shows that disputant self-representation in mediation is never unconstrained. The interactional organization of mediation and the actions of mediators work to limit and define how disputants formulate their utterances. Mediator representation of disputants varies in the degree of intervention or coercion applied. Mediators may limit themselves to rephrasing, restating, or elaborating a disputant's position. However, in some cases mediators take the place of disputants in negotiations. The implications of these various types of representation for disputant autonomy, mediator neutrality and agreement compliance are discussed.

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