The Strategic Value Of A Mediation Advocate In High-Conflict Disputes

In a high-tension dispute, emotions often act as a fog, obscuring the path to a rational solution and threatening to burn down long-standing relationships. While mediation offers a bridge across this divide, navigating that bridge alone or with counsel unfamiliar with the nuances of mediation can be daunting. As human relations become more complex, the cost of a failed resolution measured in time, money, and emotional exhaustion, makes the presence of a skilled Mediation Advocate not just an advantage, but a necessity.

Mediation remains one of the most effective ways to resolve disputes, regardless of their nature or the tension generated between the parties. This is because parties themselves are in the best position to negotiate a workable solution to the impasse. However, when meaningful communication between them breaksdown, a skilled mediator facilitates discussion, while a Mediation Advocate ensures the client's interests are strategically protected.

While mediation is a party-driven process, there are several advantages to being represented by a qualified Mediation Advocate. Some of these advantages will be discussed below:

1. Informed Decision-Making: The Mediation Advocate provides real-time professional advice on their client's legal rights without stifling the client's voice. They assist by reinforcing ground rules, protecting the privileges of confidentiality, and ensuring their client adheres to the rules of civility and open communication.
2. Strategic Advocacy: A Mediation Advocate can intervene when a party misses a fundamental point in their narration of facts or fails to grasp the legal implications of a proposal. In court-affiliated mediations, a Mediation Advocate can clearly illustrate prior legal developments to help the mediator recognize their client's good faith and readiness to comply with the outcome.
3. Procedural Integrity: A competent Mediation Advocate ensures the mediation session is conducted to the highest possible standard. By understanding the limits of a mediator's power and the intent behind the procedural rules, the advocate acts as a guardian of the process, complementing the mediator's efforts while maintaining absolute loyalty to their client.
4. Continuity and Documentation: In complex disputes involving several adjournments, a Mediation Advocate maintains the institutional memory of the proceedings. Without accurate record-keeping, progress can be lost, forcing parties to endure the hardship of deliberating the previously resolved issue. However, it is essential to mention that the record-keeping is for resolution purposes only, and both the mediator and the other party must expressly approve of the notetaking, as the entire process is confidential.
5. Balanced Engagement: When the opposing party engages a Mediation Advocate, it is vital to match that expertise to ensure a balanced engagement. Mediation Advocates provide a dispassionate analysis of the Best Alternative to a Negotiated Agreement (BATNA) and the Worst Alternative to a Negotiated Agreement (WATNA), empowering their clients to negotiate from a position of knowledge rather than fear or pressure.

Most disputes can be resolved when the parties genuinely desire a resolution. While not every case is suitable for mediation, a substantial number are, and, when properly deployed, mediation significantly reduces the workload of the judiciary. As the oldest form of dispute resolution, mediation carries an age-long wisdom that remains more relevant today than ever.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.