Practice and Paradox: Deconstructing Neutrality in Mediation
- 1 January 1991
- journal article
- Published by Cambridge University Press (CUP) in Law & Social Inquiry
- Vol. 16 (1) , 35-62
- https://doi.org/10.1111/j.1747-4469.1991.tb00283.x
Abstract
Based on our research on the practice of neutrality in mediation, we deconstruct the practice of neutrality in mediation by examining both the discourse of neutrality operant in mediators’ accounts of their practice and the discourse processes in mediation sessions. We identify three key terms—justice, power, and ideology as a system of terms central to the rhetoric of neutrality. We challenge existing definitions of neutrality in and by analyzing the discourse processes in mediation practice, which allows for an alternative description of neutrality as a practice in discourse.Keywords
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