Counsel in Mediation

Mediation Advocacy

Mediation advocacy is the representation of the parties in the alternative dispute resolution process by their interests. Mediation advocacy in alternative dispute resolution requires competencies such as behavior, emotion, communication management, flexibility, and active listening. In addition, the mediation advocates/counsels must have the skills to perform commercial and economic analysis over parties’ dispute. The more the mediation advocates are aware of their role in the alternative dispute resolution process, the more effectively they will manage the process. The mission of mediation advocacy is not to present legal arguments or to manage a legal process. Its essential goal is to reach a satisfactory (Win-Win) result for both parties by offering profitable solutions in accordance with the interests of the parties. Another important mission is to reach an amicable conclusion at the end of the mediation process and preventing parties from starting the litigation process. The litigation proceeds independently of the interest of the parties and the result will be solely based on legal arguments. If the parties are companies, there will be a loss of reputation during the litigation process. Yet, in alternative dispute resolution, the process will proceed completely in line with the interests of the parties, a more flexible, sustainable, and satisfactory result will be reached in the final, and the reputation of the companies will be preserved.

In line with the above, the role of mediation advocacy is very important for a sustainable economy.

The compass of the mediation advocacy is always the interest of the client. Its purpose is to maintain the relationship between the other party and the client. Mediation advocacy has sensitive and skillful tasks such as identifying the needs of their clients, assessing all risks, understanding the other party and its interests. At the end of the day, the goal is to reach an amicable and most profitable solution between the parties, in which the current relationship will be maintained. To summarize briefly, mediation advocacy aims to achieve maximum winnings for both parties, not the minimum loss. The reasons why the missions of the mediation advocacy are sensitive issues can be listed as follows:

• Unrealistic and unnecessary demands of the clients
• Perception of trying to understand the other party as a concession
• The parties considering themselves as knowing how to negotiate and do not need mediation
• The parties close off themselves to communication due to emotional reasons.
• Finding a result in accordance with the interest (commercial or non-commercial/immaterial interest) requested by the parties

In line with these, another mission of the mediation advocacy is to assist the client in determining their needs and prevent non-economic, unrealistic demands that will damage the sustainable relationship. At the same time, it should manage the emotional process and help the negotiations progress through objective issues. It is to provide a result that is far from personal interests, focused on economic gain and wins for both parties. With that being said, mediation advocacy means more than legal knowledge and legal argument. It requires abilities such as emotional intelligence (EQ), empathizing.

As The Solution, we aim to provide training, consultancy, and support services for mediation advocacy that will result in the best interests of the parties in the alternative dispute resolution process.

“The goal is beyond of winning today; is to take an active role in the creation of a forward-looking, always profitable and sustainable life.”