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Article published In: Australian Review of Applied Linguistics
Vol. 19:2 (1996) ► pp.79–114

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Competing constraints in alternative dispute resolution

The interactional achievement of formality and informality in mediation

 | University of Queensland
Published online: 1 January 1996
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https://doi.org/10.1075/aral.19.2.05smi
Despite rapid growth in the provision of alternative dispute resolution services by governments, little sociological attention has been paid to the emerging form these services take. In this paper I offer a preliminary analysis of mediations conducted by the Community Justice Program in Queensland. I focus on the interactional management of two competing constraints on the talk. On the one hand mediation services must provide an accountably standardised and recognisable process. This creates the need for formalisation of the mediation process. On the other hand, because of philosophical commitments to disputant control over the dispute and its outcome, Community Justice Program mediations must be conducted in such a way as to display this commitment to disputant control and authority in the proceedings. This creates a conflicting need for displays of informality. This paper focuses on some strategies which appear to be designed to achieve this mix of formality and informality in Community Justice Program mediations.
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Guerin, Bernard
2003. Language use as Social Strategy: A Review and an Analytic Framework for the Social Sciences. Review of General Psychology 7:3 ► pp. 251 ff. DOI logo
Smith, Calvin
2000. Facilitating 'Perspectival Reciprocity' in Mediation: Some Reflections on a Failed Case. Human Studies 23:1 ► pp. 1 ff. DOI logo
Gruber, Helmut
1998. Werner Nothdurft (ed.), Schlichtung, Band 1: Streit schlichten-Gesprächsanalytische Untersuchungen zu institutionellen Formen konsensueller Konfliktregelung [Mediation, vol. 1: Mediating disputes-Conversation-analytic research on institutional forms of consensual resolution of disputes]. (Schriften des Instituts für Deutsche Sprache, 5.) Berlin: de Gruyter, 1995. Pp. viii, 431. Hb DM 206.00.. Language in Society 27:3 ► pp. 390 ff. DOI logo

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