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Paper Topic:

Advocate vs. Mediation Summary

Roles of Mediator and Advocate

As a person who may face conflicts between two or more parties , you can serve as a mediator or an advocate . These roles seem to be the same but they have different powers and limitations

John Cooley (2000 ) in his Mediator 's Handbook , described the roles of a mediator and an advocate . In the process of mediation , the mediator is the instrument in making the parties come to unforced and voluntary agreement . He or she should facilitate the resolution of the dispute A mediator can educate the

parties about the mediation process and help them make informed decisions ?3 ' He or she is , however , limited not to advise the parties on the law . He or she is also not allowed to disclose to anyone the discussions between the parties

The advocate is the person who will take the side of one of the parties in terms of exercising his or her professional judgment and advocating the party 's interests and intents . The advocate is limited in terms that he or she is not allowed to contact directly the other party especially when it is also represented by another advocate or a lawyer and he or she may not request that persons other than the client (or his relatives or agents ) refrain from voluntarily giving relevant information to another party

However , there are circumstances where an advocate could also be used in the mediation process . In forging to resolve the argumentation between two parties , the advocate may choose the compromise the interests of the party he or she is advocating for . He or she should talk to his or her clients to do such and such in lessen the tension among the parties or give the demands of the other even to their own expense if possible . While this could be possible , it is still the mediator whose role is most critical in the problem solving process because of it is in his or her capacity to balance between the two parties while forging a voluntary agreement


Cooley , J .W (2000 . Advanced Practice Guide for Civil Litigation National Institute for Trial Advocacy . Retrieved on May 16 , 2008 from http /findarticles .com /p /articles /mi_qa3923 /is_200002 /ai_n8882684 /pg_1...

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