Dispute Resolution Without Disputing: How the Interactional Organization of Mediation Hearings Minimizes Argument

TLDR

Mediation is an institutional interactional system that enables parties to resolve conflicts with minimal confrontation by de‑emphasizing adversarial dynamics and fostering cooperation. The study analyzes mediation hearings to demonstrate how their interactional organization promotes agreement and minimizes argument. Mediation achieves agreement and reduces argument through an interactional structure that limits the positioning of accusations and denials, thereby preventing the use of ordinary disputing techniques. The analysis shows that this organization prevents typical disputing techniques, allowing disputes to be discussed and agreements reached without argument.

Abstract

Mediation is an institutional interactional system in which disputing parties discuss and resolve differences with the help of a third party. Conflicts can be resolved with minimal confrontation or argument in part because mediation de-emphasizes the adversarial nature of the situation and encourages cooperation. By analyzing the interactional organization of mediation hearings I show how mediation promotes agreement and minimizes argument. Mediation accomplishes these goals by an interactional organization that constrains how accusations and denials are positioned andformula Because this organization precludes the use of disputing techniques routinely used in ordinary conversation, disputes can be discussed and agreement reached without argument.