Mediation Advocacy is the technique of presenting and arguing a client’s position, needs and interests
in a non-adversarial way.
It is a sophisticated process with its own internal dynamics which recognizes the following;
i. That negotiated outcome of a dispute is usually better;
ii. That parties to a dispute should control it process and its outcome;
iii. That parties to a dispute should be assisted by professional representatives or advisers
(Mediation Advocates) in coming to a settlement that both deals with all matters in
issue and also meets their true needs and wider interests.
iv. That parties to a dispute should have regard to helping the opposite party secure its
need while at the same time preserving their own.

This would be answered under the following headings;


The Mediation Advocate
i. is a legal adviser/ strategist;
ii. provides a realistic perception of the legal positions of both parties;
iii. controls and manages the client’s expectations and best interest;
iv. determines the rights and liabilities of the parties;
v. makes all necessary preparations for the mediation
vi. develops a structured negotiation plan, works out the point at which to settle and how
to get there.


The Mediation Advocate
i. must support the process by a constructive problem solving approach, not a
confrontational or adversarial approach;
ii. continually evaluates the case and progress of the mediation through the Best
Alternative Towards Negotiation Alternative (BATNA) and Worst Alternative Towards
Negotiation Alternative (WATNA).
iii. protects the client against over- zealous mediators.


The Mediation Advocate
i. encourages compliance with the terms of settlement;

ii. Enforces the terms of settlement in event of a default;
iii. Promote the gains of the agreement like the restored relationship of the parties.


Footnotes:* Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law (LMDC) 2007*
The LMDC Practice Direction on Mediation Procedure* The Multi Door Courthouse Code of Ethics for Mediators* Guidelines
For Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute Resolution *Principles of Alternative
Dispute Resolution by Stephen J.Ware *Effective Mediation Advocacy by Andrew Goodman.*