scholarly journals Strategic maneuvering in dispute mediation

2017 ◽  
Vol 53 (3) ◽  
pp. 234-251 ◽  
Author(s):  
Alena L. Vasilyeva
2018 ◽  
Vol 7 (3) ◽  
pp. 285-315 ◽  
Author(s):  
Emma van Bijnen ◽  
Sara Greco

Abstract In dispute mediation, mediators, perhaps counterintuitively, make the disagreement between parties explicit and formulate their interventions on the disagreement in such a way that the disagreement is made manageable. In this paper, three functions of identifying and elucidating the parties’ disagreement that demonstrate the importance of making disagreement salient – (1) uncovering real issues, (2) emphasizing conflict ownership, (3) making disagreements manageable – are presented. Corpora of mediation simulation transcripts are used as empirical bases for the analyses of the means by which mediators make disagreement explicit (the how) and for what specific functions they do so (the why). The three aspects of strategic maneuvering (van Eemeren 2010) are used to analyze how mediators construct the interventions on the disagreement in terms of: (a) the topics they select from the topical potential, (b) the adjustment of interventions to suit their intended addressee(s), and (c) what presentational devices are used.


2009 ◽  
Vol 28 (4) ◽  
pp. 295 ◽  
Author(s):  
Jan Albert Van Laar

Ridicule can be used in order to create concurrence as well as to en-hance antagonism. This paper deals with ridicule that is used by a critic when he is responding to a standpoint or to a reason advanced in support of a standpoint. Ridicule profits from humor’s good repu-tation, and correctly so, even when it is used in argumentative contexts. However, ridicule can be harmful to a discussion. This paper will deal with ridicule from the perspective of strategic maneuvering between the individual rhetorical objec-tive of effecting persuasion and the shared dialectical objective of resolving the dispute on its merits. In what ways can ridicule be used in strategic maneuvering and under what conditions are these uses dialectically sound?


2021 ◽  
Vol 10 (3) ◽  
pp. 315-348
Author(s):  
Iva Svačinová

Abstract The article focuses on the analysis of Demosthenes’ strategic maneuvering in the First Olynthiac delivered in the Athenian Assembly of the People in 349 BC. It is a case study of the famous § 24 in which Demosthenes calls for the attack on Philip of Macedonia, based on a hypothetical reciprocal scenario: Philip would attack Athens in a similar situation. The first part of the paper offers an argumentative characterisation of the Assembly of the People. Subsequently, the historical and situational circumstances of the speech are described, and an argumentative reconstruction of Demosthenes’ speech is presented. The evaluation of the speech’s context serves as a reference point for the analysis of strategic maneuvering by putting forward the argument in § 24. The argument is analysed in terms of three strategic maneuvering aspects: choice of topical potential, adaptation to audience demands, and presentational devices.


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