ABSTRACT

This chapter assists mediators to become better at mediation, those that practice mediation should also learn to become better at mediation advocacy. In mediation, an advocate is there to assist the parties in reaching settlement and to assist the mediator to do his job rather than 'push' the client's case to the point of absurdity or put up road-blocks to settlement. Some clients want someone who is tough and will fight for their position in a settlement setting, but that is not the true goal of mediation; rather, it is to find a common ground whereby the parties can reach accord. Advocates should understand that mediation is fundamentally different from court proceedings and should adjust their focus accordingly. The mediator might help the parties constructively explain to each other why they are upset, assist them in clarifying their perceptions of each other, focus on other ways to improve their communications, and cultivate their problem-solving attitudes.