Ansr. Mediation Advocacy
Mediation Advocacy involves the presentation of a party’s position by reference to their needs and interests, as well as their legal rights and entitlements, in a non-adversarial manner with a view to resolving the dispute at hand.
This is to be contrasted with litigation and courtroom advocacy which involves lawyers presenting evidence and legal argument with a view to persuading others (including opposing parties, opposing lawyers and the court) to form a view or deliver a decision that is favourable to their client.
When delivered well, both forms of advocacy involve careful planning, thorough preparation and strategic thinking.
Given the significant decline in litigation and the corresponding increase in mediation and dispute resolution over recent years, it is important that parties consider the type of advocate they wish to engage to protect and advance their interests.
In performing the role of advocate, Ansr. works with clients and their trusted advisors by:
- Selecting an appropriate mediator
- Arranging the best timing and venue for mediation
- Preparing thoroughly for mediation, including by identifying, collating and presenting all necessary information and material to:
- Present the best “case” for our clients
- Create leverage in settlement discussions
- Draw on any strategic advantage
- Allow for informed decision making
- Introducing specialists and experts, where necessary
- Developing negotiation strategies
- Workshopping potential settlement models
- Advising on legal rights and entitlements
- Listening to client’s needs and objectives
- Reality testing the expectations of clients and other parties
- Preparing any written submissions
- Acting as advocate
- Delivering interests-focussed outcomes
Ansr. is committed to working with clients and their trusted advisors in delivering these services as efficiently and cost effectively as possible, whilst always advancing the legal interests, needs and ultimate objectives of all clients.