Garcia2012
Garcia2012 | |
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BibType | ARTICLE |
Key | Garcia2012 |
Author(s) | Angela Cora Garcia |
Title | Advice-giving and disputant empowerment in divorce mediation sessions |
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Tag(s) | EMCA, mediation, dispute resolution, empowerment, advice giving. Conversation Analysis, Speecb Act Theory |
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Year | 2012 |
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Journal | Language and Dialogue |
Volume | 2 |
Number | 3 |
Pages | 398–342 |
URL | Link |
DOI | 10.1075/ld.2.3.05gar |
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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.
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