ABSTRACT

Serious criticisms have been raised about divorce mediators' claim that they act as purely neutral facilitators of party-driven agreements. This chapter discusses a study, based on tape recordings of mediation in the United Kingdom, intended to describe the strategies used by mediators and clients in the attempt to resolve disputes. It provides a technique, labeled "selective facilitation," through which clients may be steered in particular directions chosen by the mediator. The use of mediation in matrimonial disputes is a more recent development in Britain than in the United States. The chapter focuses on a sequence of interaction, lasting approximately thirteen minutes, from the second, and as it transpires, final joint session in the case. It shows that the methods of conversation analysis offer a powerful tool for the dissection of the type of encounter and the re-orientation of the debate around more concrete issues of policy and practice.