Advice-giving and disputant empowerment in divorce mediation sessions

Abstract

While mediation programs vary greatly in their procedures and philosophies, most programs expect the mediator to act as a neutral facilitator who empowers disputants to resolve the dispute themselves. Advice-giving by mediators is therefore typically not recommended. However, mediators often find ways to give advice, if only indirectly. In this paper I use conversation analytic techniques to examine how mediators give advice to disputants in videotaped mediation sessions between divorcing couples. I found that while mediators display an orientation to a norm of no advice-giving, they do often give advice. Advice is often formulated indirectly, for example as a suggestion rather than as prescriptive advice, or as general information rather than advice targeted to a specific individual. Mediators also often gave procedural rather than substantive advice. These findings are discussed in terms of how advice-giving can support or detract from the ability of mediators to empower mediation clients to resolve their own disputes.