Posts Tagged mediator
Be a Devil’s Advocate in Your Negotiations
The Roman Catholic Church used the Devil’s Advocate to investigate candidates for sainthood to see if there was anything negative concerning their candidacy. The idea behind the Devil’s Advocate is that if it is someone’s job to do an investigation, any detrimental information will come up as a result of this scrutiny. However, in the 1980’s Pope John Paul II did away with the Devil’s Advocate system, probably as outdated.
Mediators use the Devil’s Advocate as a device to give a reality check to one of the parties and point out the flaws in their arguments. The expression used is usually, “Let me play the Devil’s Advocate.” By saying you are going to play the Devil’s Advocate the Mediator is not his own advocate and, therefore, isolated from criticism.
Tags: advocate, advocates, mediator, mediatorsRelated posts
Mediation Advocacy – Why it is Different From Being in Court Or Arbitration
Many lawyers have represented parties in mediation. However, surprisingly few are really good at it. The most common reason is that many lawyers approach mediation just as they approach litigation: They view themselves as there to prove a point, to never give an inch, and somehow to “win” the mediation. Many lawyers compound these preconceptions by being poor listeners and lacking creativity in formulating settlements.
Mediation is different from litigation: A “win” in mediation is not beating the other side; it is achieving the best possible settlement for the client. The mediator is not present to decide anything. The process of mediation, just like any negotiation, inherently involves give and take, and a settlement is not going to be possible if one side seeks only “take” without any “give.”
Tags: advocacy, advocate, advocates, arbitration, business, lawyer, lawyers, mediation, mediation advocacy, mediator, mediatorsRelated posts