Mediation Advocacy – the Art of Strategy
Representing and advising clients in a mediation process – a new practice area for legal representatives
With mediation becoming formally entrenched in High Court practice through the introduction of Rule 41A, legal practitioners will need to be equipped to represent clients effectively within this new arena.
Mediation Advocacy is the technique of strategically presenting a client’s position, needs and interests in a non-adversarial way, recognizing that the negotiated outcome to a dispute is usually more flexible, satisfying and sustainable than an order imposed by a court or other tribunal.
Effective legal representatives distinguish between advocacy in mediation and in litigation and achieve much better results from mediations than those who do not make this important distinction.
As we evolve as a legal community in the effective use of mediation as a dispute settlement tool, we will each develop our own strategy and style of mediation advocacy. Some of the considerations will be:
The considerations are many and the responses may differ for each matter. What is important is that representatives appreciate the necessity of a strategic approach and afford each dispute the careful planning and preparation that it warrants.
Advocate, Commercial Mediator & Arbitrator