RECOMMENDED ROLE OF ADVOCATES

An Advocate is a professional who is trusted by a party, and has often represented the party over many years.

However, Mediation, by its very definition and meaning, is a party centric process, with the parties themselves primarily participating and working towards a mutual settlement of their dispute.

THE ADVOCATE'S ROLE SHOULD PREFERABLY BE ON THESE LINES

01

Encouraging their party to undertake mediation, as it would be of a short duration, lower cost and with the
party (not an arbitrator or judge) in control.

02

During the course of the Mediation, helping their party evaluate a given option for settlement, by giving an objective assessment of the
outcome of the case if it were to go
for arbitration or to court, along with
a realistic assessment of timelines and costs.

03

In the event of a settlement
being agreed on, helping
their party scrutinise, draft
and finalise the terms of a
settlement agreement.

Advocates should be suitably compensated, as there is no 'benchmark' for such a role

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