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Discourse Analysis of Some Contemporary Chinese Mediation Strategies Based on Real Mediation Sessions Neutrality and Power Distribution in Chinese Mediation: Discourse Analysis on Some Contemporary Chinese Mediation Strategies Based on Real Mediation Sessions Item Type text; Electronic Dissertation Authors Deng, Yiheng Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 04/10/2021 19:40:05 Link to Item http://hdl.handle.net/10150/195644 1 NEUTRALITY AND POWER DISTRIBUTION IN CHINESE MEDIATION: DISCOURSE ANALYSIS OF SOME CONTEMPORARY CHINESE MEDIATION STRATEGIES BASED ON REAL MEDIATION SESSIONS by Yiheng Deng _____________________ Copyright � Yiheng Deng 2008 A Dissertation Submitted to the Faculty of the DEPARTMENT OF COMMUNICATION In Partial Fulfillment of the Requirements For the Degree of DOCTOR OF PHILOSOPHY In the Graduate College THE UNIVERSITY OF ARIZONA 2008 2 THE UNIVERSITY OF ARIZONA GRADUATE COLLEGE As members of the Dissertation Committee, we certify that we have read the dissertation prepared by Yiheng Deng entitled NEUTRALITY AND POWER DISTRIBUTION IN CHINESE MEDIATION: DISCOURSE ANALYSIS OF SOME CONTEMPORARY CHINESE MEDIATION STRATEGIES BASED ON REAL MEDIATION SESSIONS and recommend that it be accepted as fulfilling the dissertation requirement for the Degree of Doctor of Philosophy _______________________________________________________________________ Date: November 12, 2008 Jake Harwood _______________________________________________________________________ Date: November 12, 2008 Chris Segrin _______________________________________________________________________ Date: November 12, 2008 Michael Dues _______________________________________________________________________ Date: November 12, 2008 Kevin Coe _______________________________________________________________________ Date: Final approval and acceptance of this dissertation is contingent upon the candidate’s submission of the final copies of the dissertation to the Graduate College. I hereby certify that I have read this dissertation prepared under my direction and recommend that it be accepted as fulfilling the dissertation requirement. ________________________________________________ Date: December 8, 2008 Dissertation Director: Jake Harwood 3 STATEMENT BY AUTHOR This dissertation has been submitted in partial fulfillment of requirements for an advanced degree at the University of Arizona and is deposited in the University Library to be made available to borrowers under rules of the Library. Brief quotations from this dissertation are allowable without special permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the copyright holder. SIGNED: Yiheng Deng 4 ACKNOWLEDGEMENT In accomplishing this dissertation study, I have gained tremendous help from people along the way. First, I would like to thank my father, who is a dedicated scholar in his own field. Dad, you have been studying my field in order to understand my work during the past two years. You also supported my data collection process and encouraged me when I had my down moments. My heartfelt thanks also go to my mother, who accompanied me, took care of me and was concerned much about me in this process. Uncle Qinzhi and aunt Chenying, Uncle Jingpin and Aunt Peijun, you helped me greatly while I was collecting data in SiChuan Province. Yu Wei and Xu Yang, you have extended your warm hearted help while I was collecting data in northern China. I also want to express my sincere gratitude to my committee members. I want to thank Jake Harwood, my adviser, who agreed to be my adviser when I thought I would never finish due to lack of guidance. During the last but most critical period of dissertation writing, Jake, you have given me helpful and down-to-earth advice that put me on the right track to graduation. I want to thank the other two committee members, Chris Segrin and Michael dues, who took over my committee member ’s work at short notice and have been supportive always. Chris, your hard working spirit and friendly manner have impressed me ever since starting this program. Michael, your encouraging and caring manner has carried me a long way. I want to thank Scott Jacobs, my former adviser. Scott, you have mentored me for five years and assisted me in designing this study, and in writing the proposal. Without you, I would not have selected this topic for my dissertation study. Thanks for all the help, meetings and conversations. My appreciation to your intellectual contribution and scholarly presence in my academic growth cannot be expressed by words. I feel indebted to my pastors from Vineyard church and International Student Fellowship – Philip, Mike and Jon. You have been feeding me spiritual food ever since I came to the United States. You prayed with me, studied bible with me and talked to me when I was struggling to adjust to the new culture. You led me to find God and draw me closer to Him. Your selfless and dedicated spirit has shown me what a good Christian should be like. Kuang, my dear sister in the Lord, without you, I would have missed a big part of life in Tucson. Kun, Vera, Wangxin, Junghee, Shuri, Gloria and friends at ISF, thanks for your help and for bringing color and fun into my life! Finally, my special thanks go to my department folks. Peggy, Pamela, Keli, Tamar, J, Mary, Pryia, Val, Nancy, thanks for walking along with me during these graduate years. 5 DEDICATION This dissertation is dedicated to my 92 years ’old grandmother. Grandma, you raised me since I was seven months until I was over six years old. You have taught me to be a useful and dedicated contributor to the society. You always feel happy for me with each little accomplishment I achieved. Your love and care for us have amazed me. 6 TABLE OF CONTENTS ABSTRACT ……………………..……………………………………………..…...….…9 INTRODUCTION ……..……………………..................…..………………………......11 Chinese Mediation and Conflict Resolution and Management ……………...……….13 Traditional Philosophies, Ideals and Values in Conflict Resolution…….........…..… 13 Modern Mediation, the Philosophies, Ideals and Values …………...……………..…. 19 Western Literatures on Chinese Mediation………..........……….……………..…...…. 26 Neutrality and Power – Mediation in the United States…….………..…........….……31 Neutrality………………………………………………………..……..……………..……… 32 Power distribution………………………………..……….......………...………….…….... 36 Issues and Questions to be Resolved in this Study…………………...........……....…39 METHOD………………………………...............……..…..................…………...…....41 The Data……………................……………………………………….…………....…41 Data Collection…….………..........………………………...……….………….………….41 The Cases……………...............……………....………........……………….………...43 Case 1 – Shijiazhuang workplace injury pre-trial mediation…………...................... 44 Case 2 – ShiJiazhuang pre-trial divorce mediation………………….................…..... 45 Case 3 – Chengdu Owners’ Committee…………....................……………………..…. 46 Case 4 –Xuling woods dispute……………………………........………………..….……. 48 Case 5 – engagement dispute………………............……………..…………….…….…. 49 7 TABLE OF CONTENTS – CONTINUED Case 6 – Gulin offspring support of parents………….......…………………..….…..... 50 Case 7 – Luzhou pre-trial divorce compensation dispute………...…..……….…..…. 51 Case 8 – Rong county child sickness…….……………………………..…….......……... 52 Case 9 – LuZhou interval-trial divorce mediation…………………………….…...….. 53 Case 10 – Luzhou Interval-trial dispute on wine payment……..……..…………….... 54 About the Analysis Method…………..……….......………………….………..….…..54 Data processing……......……………..…………………………………….………..…..… 54 Translation…………………………………………………………………………...……… 57 Discourse Analysis………………..……………..…………………………………….…… 59 Coding…………………….......………………………………………………….…….……. 60 ANALYSIS……….................………..……………………..………….……....………..62 Strategy One: Bringing About a Predetermined Outcome…….………..…........….…62 Tactic One – Appeal to Personal Relevance………..........…………….….…………... 79 Tactic Two – Education…………………………………………..……….….…..……….. 90 Tactic Three – Invoking Authority………………….………………………….………..103 Tactic Four – Bringing in Third party……………………………..………….…….….125 Tactic Five – Side Taking………….......……………..…..………………………..……. 130 Strategy to Alleviate the Adversity………………….....……………………….…....147 Tactic One – Balancing………………………………...........……………….……..…... 148 Tactic Two – Minimization………………......………………………………...…….….. 156 8 TABLE OF CONTENTS – CONTINUED Strategy to Motivate and Facilitate Compromise……………......………….….……169 Tactic One – Emphasizing Common Goals………………………………………….… 169 Tactic Two – Emphasizing External Reasons…………………………...……..…..….174 DISCUSSION…………………..............….…..………………….…….………..….…184 Neutrality and Power Distribution ……………………....………..……...…….……187 Language Features in Contemporary Chinese Mediation……………………....……190 Recommendation for Future Research…………………………….….………..…….197 APPENDIX A1: Transcript in English…………………………..………..........………200 APPENDIX A2: Transcript in Chinese……………………....………….…..….….…..342 APPENDIX B: Interview Notes…………………………….………........…….….…...440 APPENDIX D: Table of Mediation Strategies and Tactics…………….…................…449 REFERENCES……………………………….……………….…………...…….……..450 9 ABSTRACT The study aims to discover the
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