Advocacy and Mediation

Topics: Mediation, Barrister, Lawyer Pages: 3 (1081 words) Published: June 20, 2013
Advocacy in Mediation
Mediation can be defined as the act of intervening for the purpose of bringing about resolution to a conflict (Barsky, 2007). In the mediation process mediators are considered to be a non-bias, neutral third party who directs the mediation process in effort to guide the conflicting party’s to a viable conflict resolution. Having no displayed or exhibited pre-judgment of either conflicting parties, the mediator gives fair consideration to the arguments of both parties, however, making no judgments or determinations neither of whom is right or wrong nor concerning the parties decided resolution of the conflict. An advocate, conversely, can be defined as one who speaks, plead, or argues in favor of propounding a client’s interest as it relates to the resolution of conflict. Advocates are privy to client information, germane to the details of the conflict and otherwise, that helps the advocate successfully to promote the cause or interest of the client. Having two seemingly similar functions, the distinctions between mediation and advocacy are seemingly subtle but require that adequate attention be given to the particulars that make the distinctions clear in effort to make integration of mediation and advocacy possible. For the purpose of this paper, I will attempt to explore the integration of mediation and advocacy. Mediation is a process that is increasingly gaining popularity. With the sometimes extreme expenses associated with the legal fees when attempting to resolve a conflict through litigation, many are turning to mediation as a means of cost effective conflict resolution. Many, unfamiliar with the mediation processes may elect to have an advocate, i.e., a lawyer, social worker, or counselor, present during the mediation process to ensure pertinent information is discovered and adequately discussed among other reasons. However, the advocate, in the mediation process has a limited role in the processes of meditation: Consider for...
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