Garcia1997

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Garcia1997
BibType ARTICLE
Key Garcia1997
Author(s) Angela Cora Garcia
Title Interactional constraints on proposal generation in negotiation hearings: A preliminary investigation
Editor(s)
Tag(s) EMCA, Conversation Analysis, Conflict Resolution, Conflict, Ethnomethodology, Mediation, Hearings, Negotiations
Publisher
Year 1997
Language
City
Month
Journal Discourse & Society
Volume 8
Number
Pages 219-247
URL Link
DOI 10.1177/0957926597008002005
ISBN
Organization
Institution
School
Type
Edition
Series
Howpublished
Book title
Chapter

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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.

Notes