离婚调解会议中的争论性谈话

Argumentative Talk in Divorce Mediation Sessions

American Sociological Review · 1997
被引 124
FT 50ABS 4★

中文导读

分析了离婚调解中当事人如何自行结束争论,而非依赖调解员,发现其做法虽源于日常对话但受调解规范约束,从而限制了争论时长和冲突强度。

Abstract

Increasingly, mediation is used as an alternative to institutionalized forms of conflict resolution in which settlements are imposed by judges, arbitrators, or other neutral adjudicators. To assess the equity and effectiveness of the various types of mediation, it is first necessary to explain how mediators and disputants manage their interactions. In this paper the authors analyze the management of arguments in sessions recorded at a divorce mediation agency. They find that the disputants do not always rely on mediators to initiate exits from their arguments. Instead they initiate exits on their own, often closing their argumentative exchanges without the mediators'assistance. The practices used to exit arguments in the sessions are prevalent in ordinary conversation, but their use here exhibits an orientation to conventions associated with mediation. This limits both the duration of arguments and the intensity of verbal conflict. Their findings raise important questions about the interactional organization of mediation sessions; they discuss these questions in light of previous research on verbal conflict in mediation hearings organized to preclude argument

调解心理学社会心理学政治学法律