The Mediation Window: Regulation of Argumentation and Affect in Custody Mediation

Abstract

High-conflict custody mediation requires working with both the emotional and the factual aspects of the conflict, while balancing unequal power relations between parents. Applying conversation analysis methods to a case of “treatment as usual” high-conflict mediation, this study offers an analysis of the process of establishing a balance point—the mediation window—where both emotional and practical concerns can be discussed efficiently. Communication patterns in the selected case are compared to an extract of the remaining corpus from which it is drawn, consisting of 38 high-conflict mediation cases. Findings are discussed with respect to the practice and ideology of custody mediation, particularly concerning empowerment, self-determination, and mediator control.

• conversation analysis
• high-conflict custody mediation
• mediation
• mediation window

Notes

¹ Informed consent was obtained from all participating mediators and clients.

² The transcript does not adhere to conversation analysis notation standards, as intonation and other characteristics would have to be simulated in translation from the original language, and therefore lack precision. Tone impression is presented in brackets.