Negotiating negotiation: the collaborative production of resolution in small claims mediation hearings

The purpose of this paper is to analyze how participants in mediation heari ngs get ideas for resolution of the dispute on the table for negotiation an d bargaining. The data used are lj small claims mediation hearings which we re videotaped, transcribed and analyzed using the conversation analytic met hod. While the tasks involved in producing suggestions for solution are tie d to institutional role (mediators make proposals and solicit position repo rts from disputants: disputants produce position reports) the mediators and disputants collaboratively produce ideas for resolution, and use several t echniques to control production of ideas and their placement. Mediators ori ent to the institutional requirements of neutrality and disputant empowerme nt as they engage in these tasks, but have ways of resisting these constrai nts. Disputants, in turn, can resist mediator's attempts to infringe upon t heir autonomy.