| Literature DB >> 35221354 |
Boris Hjm Brummans1, Lise Higham1, François Cooren1.
Abstract
Mediation is a widely used form of third-party conflict management for which research has primarily focused on the role of mediators. But how are the relations between disputing parties constituted in communication involving written texts, such as official letters or medical reports, during mediation sessions? To gain deeper insight into the communicative dynamics through which third-party disputes are created, sustained, and resolved, this article proposes a new theoretical perspective on mediation that illuminates how human beings and written texts can act as vectors for each other, i.e., how they can make important differences in mediation sessions because they carry or convey what someone or something else is saying, doing, thinking, or feeling and, thus, contribute to composing the nature of disputants' relations. The value of this vectorial perspective on mediation is subsequently demonstrated through an inductive analysis of video-recorded sessions that took place at an administrative tribunal in Canada. By showing how texts (or their absence) can act as (1) conjunctive vectors that contribute to highlighting disputants' compatibilities and help them find common ground, or (2) disjunctive vectors that contribute to highlighting their incompatibilities and obstruct their dispute resolution, this article advances the academic and professional literature on the role of communication in conflict mediation work, and reveals significant implications for the study and practice of conflict management in organizations as well as scholarship on relational ontologies.Entities:
Keywords: agency; communicative relationality; conflict management; conflict mediation work; relational ontology; text; textual agency; third-party dispute resolution; vector; workplace mediation
Year: 2021 PMID: 35221354 PMCID: PMC8862124 DOI: 10.1177/0018726721994180
Source DB: PubMed Journal: Hum Relat ISSN: 0018-7267
Vectorial analysis of 14 cases.
| Mediation outcome | Case | Textual actors’ disjunctive vector effects | Textual actors’ conjunctive vector effects | Case description |
|---|---|---|---|---|
| Settlement | Anna | Signed document stating that Anna is living martially with her partner | The institutional representative focuses on the letters that Anna has signed, which state that she and her ex-partner (now deceased) were living as a couple. The disputing parties ultimately decide to settle, meaning that Anna agrees to reimburse sums that had been allocated to her ex-partner, and spent by him, of which she was not aware. | |
| Luc | Absent documents justifying the need for a social allowance | The institution demands reimbursement of social aid payment, because Luc does not have the documents justifying the need for this allowance. Luc will have to provide documents for this allowance if he goes to court. He chooses to settle in mediation, and they agree on the amount to be reimbursed. | ||
| Serge | Decision letter stating that Serge needs to pay back a social allowance he was not supposed to receive | Serge does not contest the institution’s decision letter (he must pay back the allowance he was not supposed to receive); only the amount of the monthly reimbursement. He asks to lower the amount. The agreement is settled by lowering the monthly amount he needs to pay back and spreading it out over a longer period of time. | ||
| Follow-up mediation session | Charles | Several documents (paychecks, etc.) | Charles had two simultaneous employments, which has caused misunderstandings. During their interactions with the institutional representative, Charles and his lawyer try to clear up these misunderstandings. They agree to sort out the documents (paychecks, etc.) and send them to the representative, so she can have a clearer understanding and possibly agree to settle. | |
| Curt (Case 2 in our analysis) | Medical reports + one to-be-produced letter | Of the 29 medical reports Curt has, one is preventing him from receiving the compensation he is entitled to. Curt, Curt’s lawyer, the mediator, and the institutional representative agree to ask Curt’s doctor to write a letter explaining her mistake, so a settlement can be reached. | ||
| Gaston | Initial accident report | To-be-produced employer’s letter | The institution contests that Gaston’s pain was caused by his accident. The pain only appeared two days after he had the accident and was therefore not mentioned in the medical report on the day of the accident. The institutional representative suggests to get the report revised, while Gaston offers to have his employer produce a letter testifying that he was not able to work due to the pain the day after the accident. | |
| Henry | To-be-produced medical expertise report | Henry needs to get a new medical expertise report to confirm the connection between his injury and the accident in which he was involved. The institution will make a decision based on this report. | ||
| Louis | Medical expertise report | Absent medical counter-expertise report | Louis was injured while helping a person who had had a car accident. He claims that his medical expertise report was not written by the person who signed it and, thus, that it is false. He has had a counter expertise report prepared. The institutional representative has not received it, so no decision can be made yet. | |
| Patty | Absent documents + to-be-produced medical exam report | The institutional representative is missing some documents that Patty claims to have received and thought to have sent. Moreover, Patty needs to do another medical exam and the report needs to be sent to the institution, before a settlement can be reached. | ||
| Paul | To-be-produced medical expertise report | To-be-produced medical expertise report | The disputing parties agree that Paul needs to get a new medical expertise report and send it to the institution, so his case can be discussed. | |
| Court hearing | Alba | Several documents stating Alba’s partner’s status | The disputing parties do not agree on Alba’s partner’s status (husband, legal partner, etc.) as it is stated in several documents. This status would make a difference in terms of the amount of her monthly allowance. Because they cannot come to an agreement about this status, they decide to go to court. | |
| Bud | Absent written proof that Bud was refused student aid | Bud is not able to produce written proof that he was refused student aid. The absence of this document brings the session to a halt. Bud chooses to go to court. | ||
| Doug (Case 1 in our analysis) | Medical expertise report + absent doctor’s letter | Doug wants a letter from the doctor, designated by the institution, stating that he can stop his vehicle whenever and wherever he wants (due to the pain in his leg caused by the accidents he had). He also claims that the medical expertise report is biased. He claims that he wants to go to court. The mediator gives him 30 days to think about this. | ||
| Tom | Absent medical expertise report | The institutional representative needs a medical counter-expertise report to prove the causal connection between Tom’s accident and the injuries he incurred. Tom does not want to have one made, so they decide to go to court. |