2001 Fiscal Year Final Research Report Summary
Analysis of Communication in Family and Civil Mediation
| Project/Area Number |
10831007
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
談話(ディスコース)
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| Research Institution | Kobe University |
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Principal Investigator |
KASHIMURA Shiro Kobe University, Faculty of Law, Professor, 法学部, 教授 (40114433)
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| Co-Investigator(Kenkyū-buntansha) |
YAMAZAKI Keiichi Saitama University, Faculty of Liberal Arts, Professor, 教養学部, 教授 (80191261)
MINAMIKATA Satoshi Niigata University, Faculty of Law, Professor, 法学部, 教授 (70125805)
TANASE Takao Kyoto University, Faculty of Law, Professor, 法学部, 教授 (80022424)
YONEDA Kenichi Kagoshima University, Faculty of Law, Economics and Humanities, Associate Professor,, 法学部, 助教授 (20283856)
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| Project Period (FY) |
1998 – 1999
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| Keywords | DISPUTE RESOLUTION / MEDIATION / LAW / COMMUNICATION / CONVERSATION ANALYSIS / ETHNOMETHODOLOGY |
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| Research Abstract |
Processes of dispute resolution in law are divided into 2 types, i.e. resolution based on consensus among disputants and resolution based on authoritative decision. When the process of dispute resolution is based on consensus, the initiation and processing of dispute resolution is conbined with disputants' recognition and voluntary reception of the related rules. However, even when the process' outcome is based on declaration of authoritative decision, the reception of the process and interpretation of the outcome is not frequently connected to disputants voluntary committments to the process. In this study, we have investigated theoretical and empirical foundations for consensus-oriented communication in settings of potential and actual disputes, utilising insights of ethnometnodology and conversation analysis : (1) We reviewed theoretical and empirical achievements of studies in sociology of law in Japan. (2) As a result of study (1), we found that communication is rather a neglected
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subject. We went on to develop a thourough syndiesis of insights and findings scattering among the field. We concluded that communication is not a mere consequence or parts of legal process but a foundational dimension of legal settings. (3) The aforementioned theoretical proposals are examined, firstly, as to the process of legal counseling where a potential or actual disputant comes and sees a professional advisor of law. Then secondly, we investigated communication in the simulated mediation where a dispute-resolver (or a trouble-shooter) and the disputants talk and examine the case of trouble. We found that different sets of conversational sequence (series of utterrances) characterise each of those processes, whereas at the same time, those utterances informed the parties to the counseling process of the very existence and nature of the same situation. (4) Then we institute a quasi-experimental study of norm utilisation in everyday settings and found that in everyday situations norms are referred and used differently than instituional legal settings. In the results of the series of theoretical and empirical studies, our theoretical arguments and empirical findings convincingly support the proposition that comminication constitues a fundamental and foundational dimension for legal interaction. Less
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