A Pragmatic Analysis Of Court-Related Mediation Discourse

The whole paper consists of eight chapters. Chapter One is an introduction, which intends to introduce the theoretical background and the overall framework of the whole dissertation. At first, it briefly examines the academic history of language and the law study which proves later to have laid a solid foundation for the forensic linguistics coming into being as a formal subject, and reviews the recent developments and accomplishments of forensic linguistic studies. And then it provides a survey of the present paper, including its main contents, research value and significance, and the academic theory and study methods to be employed. In general, Chapter One as a whole is a preparation for the forthcoming study of this paper.The last chapter, Chapter Eight as the conclusion part summerizes the main points and important findings of this study. In addition, it highlights its significance once again, makes some explanations over its limits and shortcomings, and indicates the possible improvements and further researches in this field in the future.The body of the current paper is fundamentally composed of two parts, all concentrating on the pragmatic use of language in court-connected mediation. The first part, including Chapter Two and Chapter Three, is relatively a static and decontextual (context-independent) analysis of court-related mediation discourse. Chapter Two elaborates the discourse structure which can be divided into macro and micro ones. Chapter Three takes language behavior as the theme, in particular describing different types of discourse acts and their usage and corresponding functions in carrying out specific mediating activities. Meanwhile, these two chapters provide a starting point and a study platform for the next part.The second part, made up of the last four chapters, is in comparison a more dynamic and contextual (context-dependent) study of language use in court mediation. It expounds four essential aspects of discourse behavior occurring in court-connected mediation, through empirical and pragmatic analysis of various texts transcribed from recordings of 13 genuine court-related mediation discourses. Chapter Four is mainly about roles which mediation participants take and play, esp. the dynamic interaction between different roles and their corresponding linguistic acts. It concludes that different roles prescribe different speech acts and language uses, meanwhile different language uses and linguistic behavior help establish and consolidate different role expectations, role takings and role playings.They are constantly in an interaction. In Chapter Five, power as an important social factor is thoroughly discussed and investigated through different language examples. The author argues that power and the use of power are manifested and achieved by means of various strategic linguistic acts in mediation. In Chapter Six, another important inherent factor of institutional discourse, the purpose is taken into consideration and fully explored. It finds that as a typical institutional discourse, the oral mediation interaction is goal-oriented and task-loaded. The ultimate institutional goal and purpose in court-related mediation decide the particular personal interaction goals and purposes of the mediation participants, and accordingly their language behavior. Different goals and purposes on the other hand are manifested and attained by means of participants'specific discourse acts. Chapter Seven explains in detail the possible application of pragmatic rhetoric strategies and arts by mediators in persuasive discourse during mediation, esp. the employment of Aristotle's classical rhetoric of persuasion in mediation discourse.