Tactic One – Appeal to personal relevance
Try to persuade the disputant(s) by appealing to his/her personally relevant aspects such as occupation, education, age,needs, etc.Sometimes try to make the disputant(s) switch their mentality from morality to practicality.
Appealing to personal relevance is a relatively explicit persuasion method.Personal relevance refers to the listener’s educational and family background, age, occupation, need and interest.For example in the “workplace injury”case, the mediator uses what western mediators would call “caucus”and Chinese mediators call “back to back mediation”to talk with each disputing party separately.On the one hand, in each caucusing session, she tries to bond with the disputant (i.e.I-am-thinking-about-your-interest approach) by using the Chinese inclusive first person pronoun “we”(zan men) instead of the ordinary “we”(wo men).To use “zan men”is to indicate that the speaker and the hearer are on the same side, while “wo men”serves the same function as the English equivalent “we”referring to first person plural pronoun.In adopting “zan men,”the mediator asserts an ingroup mentality with the disputant, and intends to gain their trust.In French and Raven (1959)’s term, the mediator is trying to gain referent power, which is based on disputants’ identification with the mediator.When, one party wants to be like the other party or want to be part of a group,he/she would be more likely to conform and to accept the other party’s power to stipulate behavioral rules (French & Raven, 1959).On the other hand, the mediator uses the superior form of the Chinese third person pronoun “ren jia”instead of the ordinary third person pronoun — “ta”/“ta men”to refer to the other party/parties.This is to balance the ingroup bonding of using inclusive “we”(zan men), because “ren jia”is used usually in a context where the outgroup members are justified, valued or considered (except for when it is used sarcastically).In this way,the mediator is saying “I am with you, but you also need to consider other people.”It is appealing to the disputant(s)’ group membership, as in the following excerpts, in which the mediator tries to persuade the plaintiff side to accept one-time solution.When she caucuses with the plaintiff’s side and they have come to an agreement on the maximum request of payment of 7000 yuan,but the plaintiff’s attorney still wants to count in the psychological damage.The mediator wants him to drop this request.The underlined words are the inclusive first person plural pronouns in the following excerpt from the case —workplace injury pre-trial mediation.
(M – the mediator; PR – the plaintiff representative; P –the plaintiff; Df1 – the first defendant)
M: Now in this one-time resolution, the maximum is 7000 yuan, isn’t it? You yourself weigh it over, talking about his…
PR: ( )[2] this compensation for psychological damage should be considered.
M: Compensation for psychological damage, let me tell you in this way, our side, we sit together.Usually, if severe consequence is caused, then psychological damage will be considered, in ordinary situation, we only have slight injury, not even counted as minor.Yours is slight injury,ordinary court won’t take into consideration (the psychological damage).Understand? It is not that you make claim and the court will take it into consideration.We often do this (job), so weshould be clear in our mind that wecan make claims, but the other party also has hired a lawyer, so weigh it over.
Another excerpt from the same case serves as an example of the adoption of superior third person pronouns as underlined.
M: …There is no evidences.They have their witnesses.Besides, you really hit him first.
P: ( )
M: They come with evidences.What happened at that time,they have attorney, they…
PR: ( )
M: Right, they must have come with evidences.
Appeal to ingroup membership or bonding can be done in many ways other than using inclusive pronouns.In the following excerpt,the same mediator tries to build some connection with the first defendant in their caucusing session.Before this conversation,the defendant has been complaining that the plaintiff brought the conflict to the court without first trying to solve the problem with him face to face.
Df1: Have you discussed this problem with me in private? Also no, right?
M: Is your restaurant the one at Luzhong?
Df1: Yes, yes.
M: Ah,(I) have been there to have noodle.
Df1: Is that right? Let’s talk about this here.You can’t be silly,you know? Once the accident happens, you may request,but your bringing a lawsuit is over reacting, isn’t it?
M: Oh.
Df1: If you say, that we did not know, did not hear, did not ask or did not care, you might sue me.(We) treated you carefully, assigning employees to cook for you… He is saying that against his conscience.
M: Are you one of our Shijiazhuangers?
Df1: I am from this ci…city.(Was what I said) Right?
M: Anyways, the incident has already happened.You also have hired a lawyer and you also have a number in your mind.He knows it without me saying it.
In the excerpt above, the first defendant (Df1) went on and on to complain about the plaintiff, venting his anger in this caucusing session.The mediator has been listening without interruption for a period of time.In order to build up some trust and connection so that he would listen to her, she interrupts his complaint by bringing up the topic of having had noodle at his restaurant and they are both from Shijiazhuang.Then, she started to switch his attention from complaining to being practical about the problem.
The appeal to the disputant(s)’ occupation is another way to persuade.In the following excerpts, the mediator tries to remind the first defendant of his vocation as a business man.She uses the stereotype of the business man of being practical and efficient.Note that she also uses the inclusive “we”to say, “I am on your side, so please believe me.”This coaxing attempt is to persuade him to switch his mentality from arguing about who’s right and who’s wrong to solving the problem within the mediation.
This tactic is called by social psychologists “altercasting”which is intended to influence and persuade people.According to Weinstein and Deutschberger (1963, 1964), altercasting describes a social interaction in which the persuader try to cast a role onto the target that specifies an interpersonal task.“A role is “a set of mutual (but not necessarily harmonious) expectations of behavior between two or more actors, with reference to a particular type of situation”(Goode, 1968, p.249).Pratkanis developed the altercasting theory further and make it a social influence tactic.According to Pratkanis (2000), the role defines what a person should do in certain situation because his particular social status,“an informally defined position in interpersonal relationships,”or because he “is identified with particular value in society (Coutu,1951; Turner, 1956).By using this tactic, the target has social pressure to act according to what the role defines him/her.In other words, if a person uses this tactic to try to influence his/her target of persuasion, the target is cast into certain role, thus adopts all the rules, values, actions and attitudes associated with the role so that the target will behave in the way that the persuader desires.In a collectivist culture as Chinese society,many researchers have found that an individual is defined in relation to other people.For example, a woman may be a daughter,a teacher, a sister, a wife or a combination of any of these roles in different situations.He/she seldom thinks of him/herself as an independent being, therefore, it is easy for people to be cast into roles either by choice, or by another’s assertion.These roles have certain features that are separate from one another.“I am a daughter, therefore, I should be devoted to my parents and listen to their opinions.”“I am a mother, therefore, I am responsible for my daughter’s future, and find her a good husband.”Confucius defined the roles and relationships of the king and the subsidiaries, the father and the son, etc.thousands of years ago.By invoking certain roles, altercasting is commonly and effectively used in Chinese mediation as the mediators maneuver to impose their agenda and to reach a compromise.
(D-the defendant, M-the mediator)
D: He has had three surgeries, so I say let’s go to the court.
M: We are not willing (to go to court) because we businessman…
D: No matter how much business I do, I cannot be wronged like this.(https://www.daowen.com)
M: We think about how much wecan pay.
D: We all have (standards of) justice.I cannot follow whatever you say, right? You, the first thing is that you brought a huge consequence on my restaurant.I have not even do something about it, you…Right?
M: Even you also say you want to weigh it over.Even wewant to say that we are willing to rest the case and appease the people.We are not willing, we do business, weare not willing to run back and forth, back and forth.We think it is troublesome, we do not have the energy to accompany them.We make an honest comment, weare businessman, weare not willing to have argument with others, or fight with others.You say what your views are.We try to mediate if we can, if cannot…
In this excerpt, in addition to using inclusive first person plural pronouns (underlined “we”discussed in the previous analysis paragraph), the mediator casts the defendant into the role of businessman.In Chinese culture, a business man is stereotyped as being pragmatic, valuing efficiency, and only concerned about pursuing profit.On the contrary, the defendant is not willing to adopt all the assumed connotations brought up by a business man.He is willing to go to the court rather than being cast into a role that may lead him to solve the conflict through the mediation.
In the following excerpts, the mediators appeal to the disputants’ occupations in a divorce mediation:
“The plaintiff, you are a civilization envoy, a teacher, living in the school environment, right? So, the child’s physical and mental health is your primary concern, right? Think about this,you should.”…
“As a teacher, you are able to use language and characters well.You are a person who…is imparting knowledge and educating people, being a model of teacher.So I think when, I am talking with you, a model of teacher, we will be, be more direct.”
In both of these excerpts, the mediator is casting the role of a teacher onto the disputant, but with different persuasive purposes.In the first example, the mediator adopts the connotation of a teacher in Chinese culture being concerned about children’s physical and mental health, in order to convince her to drop the divorce proceedings for the sake of her child.In the second example, “teacher as a role”is used to represent valuing good education, the ability to use understand language properly.To cast one in the role of teacher here is to say, “You are a reasonable person and you should be able to accept what I am going to say.”In another divorce settlement mediation, the mediator made the following speech:
“Wengiang, 2000 yuan, for you, is only…(a piece of cake).You are a driver, and able to pay that sum.Once it is finished, you can devote yourself into your business.This affair is a distraction for you, so you can’t work attentively.You have bore a huge loss, haven’t you, WenQiang? This issue has not been resolved, and you can not focus on your job even now.”
…
“I still suggest that you think about your child.Listen, safety is the most important especially while driving.You can’t be distracted while driving.”
In the excerpt above, the role of a driver is cast here as having a stable income that depends on his ability to concentrate;if he is distracted by other issues, he may compromise his safety.Therefore, the disputant should accept the proposal to pay his ex-wife the requested amount of money, and he should settle the issue without further postponement.
The appeal to the disputants’ needs or certain qualities other than occupations are also used in the mediation sessions.Money is often used as an appeal.The mediator usually will let the disputants know that mediation is the most economical and simple way to resolve the conflict.For the financially troubled disputants, this is often effective, because money is their first concern, and they also tend to accept one-time settlement or solution in order to avoid having to pay to come to the mediation center again.Other values are also used by mediators.A mediator may try to persuade disputants to resolve the issue by using phrases such as “you are civilized young people, (therefore you should be liberal minded),”or “you live in the countryside where anything (violent) could happen, (therefore you should settle this dispute right here).”In the following excerpt, the mediator is trying to motivate the disputant to solve the problem within one-time mediation:
(M – the mediator; PR – the plaintiff representative; P – the plaintiff)
PR: We have the attitude of solving the conflict…
M: Yup yup…to rest the issue and appease the people.It is not good to run here all the time…we say consuming labors and money.Run again and again, again and again,don’t you? No need...
P: …
M: Yes, even if you are at hometown, you cannot fly all the time…
PR: We live at Zhangjiakou.
M: How much does it cost to come here once?
PR: We did not come here just once.
M: Right right.Yup yup.How much did it cost you to sue?
PR: The court fee is six hundred and twenty something.
The following excerpt is from the case of engagement dispute where the woman wants to break the engagement, and the man requests for compensation.The mediator talks about the reason why she did not invite both parties’ parents to the mediation, but most importantly, she wants both young people to take a step backward and not to be too calculating.
“As for this issue, therefore I informed both of you young people to come here without letting your parents come.You two young people should have been civilized, especially He Ying, who works (as migrant worker) outside the village, and has seen the world.You should know more about the current society, should know more.Also, your minds should be more advanced.If you informed your parents to come, it would be hard to deal with this problem.We would not be able to mediate for you.It is because you are both young people and have the education beyond secondary school, that you should understand the Marriage Law of our country.Yeah, you should understand about this freedom of Marriage, and the autonomy of marriage… Maybe, maybe on this property issue, (he thinks)because you don’t agree, you have to return.Maybe he holds this idea.In the countryside, one needle and one thread,everything must be returned completely.Then it prolongs the resolution of the issue.This thought, I think that as for you,Zhang Qiang, as a young man, with a decent amount of knowledge,it is not right to hold such thoughts.”
As we can see that being “young,”being “civilized,”possessing “a decent amount of knowledge”and “have the education beyond secondary school”have been altercast onto the disputants — appealing to their quality of age and education.Therefore, the connotation is “more advanced,”“understand the marriage law of our country,”and “understand about this freedom of marriage and the autonomy of marriage”(see the underlined phrases).All these role characteristics point at the same direction of being liberal minded enough to come to reconciliation for their conflict without interference from their parents who are aged, stubborn and outdated.Not inviting/allowing the parents to the mediation session is a non-verbal tactic as explained by the mediator herself.In the following excerpt, the mediator talks to the defendant who hurt the plaintiff on his thumb.
“O, o.Uhn, uhn.What about your side.What about your classmates, your friends? You see you made the trouble; your uncle has to help you.Year 85, year 85, so you have already been 21, 22? October of year 85, 21, 21 years old, 22 already.You are old enough, anyways, you have made trouble, you should carry the burden yourself.Your uncle is helping you.If you can, resolve it by another 1000 yuan.Then I can work on the other party.Don’t they (ren jia) the other side want 7000 yuan? Then, we can try my best to work on them.Our boss side can share a part.”
The underlined sentences exemplify how the mediator uses the tactic of altercasting, trying to cast the role of an adult onto the defendant, who should be responsible for what they have done.Being independent in one’s twenties seems a legitimate reason as an ideal to be implemented.The mediator’s agenda fits with designs or frames what the role denotes — “you should carry the burden yourself”— and its consequences; that the defendant should pay another 1000 yuan in order to pull each party closer to the middle in terms of the compensation.This bargaining model is not uncommon to American mediators (Jacobs & Arkhus, 2003).
If altercasting is a more nuanced way to persuade the disputing parties – regulating individuals’ behaviors in the guise of casting roles, education is a more open and explicit tactic in motivating the disputants to compromise and to reach an agreement.In the following subsection, education as a tactic by Chinese mediators will be discussed.