The Role of a Mediation Advocate: What Lawyers Need to Know

Over the years, I've had the privilege of working closely with lawyers in mediation, and one thing has become clear: the role of a mediation advocate is distinct from that of a traditional litigator. As more clients seek out quicker, cost-effective ways to resolve their disputes, the need for lawyers to excel in mediation is greater than ever.

Having guided many cases through successful mediation, I’ve seen firsthand how different this process is from litigation. It requires not just legal expertise, but a shift in how the lawyer approaches conflict and resolution. Here are a few insights I’ve gained along the way—ones I hope will help those of you navigating this path.

?? From Adversary to Ally: The Mindset Shift

I’ve often found that the biggest hurdle for many lawyers is adapting from a win-at-all-costs mentality to a more collaborative one. In mediation, the role as advocates isn’t about defeating the opposition—it’s about finding a solution that works for both parties.

This doesn’t mean you are any less committed to our clients. On the contrary, by adopting a more cooperative approach, the door is opened up to resolutions that might not be possible in court. I’ve seen cases where, through collaboration, both sides have walked away feeling satisfied—something that rarely happens in litigation. It’s about guiding the client toward a resolution that meets their needs and interests, not just their wants.

?? Preparation: It's More Than the Facts

In my early days of mediation, I quickly learned that preparation for mediation is as vital as it is for litigation, but it’s also fundamentally different. Of course, you need to know the legal and factual landscape, but in mediation, you need to dig deeper. What are the emotional drivers behind the dispute? What are the personal and business interests at play?

Mediation isn’t just about negotiating a settlement—it’s about understanding the human aspect behind each position. I’ve found that when you take the time to uncover these underlying interests, the solutions often reveal themselves in ways that a purely legal approach might miss.

?? The Power of Listening

One thing I’ve come to appreciate is the power of simply listening. In mediation, we need to listen carefully—not just to the words, but to the emotions and concerns behind them. This might sound basic, but it’s amazing how often it’s overlooked in the legal world.

I’ve found that when I take the time to listen—really listen—to the parties it often leads to breakthroughs. Empathy builds trust, and trust is the foundation upon which resolutions are built. Many times, parties just want to feel heard. As a mediation advocate, you have the chance to create that space, and it can make all the difference.

?? Managing Impasse with Patience

I won’t sugarcoat it—there will be times in mediation where it feels like nothing is moving forward. When I first started, this could be incredibly frustrating. But I’ve since learned that these moments of impasse are just part of the process. It’s in these moments that patience and persistence are key.

One thing I’ve discovered is that flexibility is crucial. Often, when you feel stuck, it’s because the parties are viewing the issue in a rigid way. By reframing the problem, or offering a fresh perspective, you can help them see new possibilities. I’ve seen many cases where a resolution seemed impossible, only for an unexpected option to emerge later on.

?? Helping Clients Manage Expectations

One of the more challenging aspects of mediation advocacy is helping clients adjust their expectations. I understand—clients often come to mediation hoping for the kind of "win" they associate with litigation. However, mediation is about compromise, and as advocates, you have to help your clients see that a “good” settlement might not always mean getting everything they want.

I’ve found that by being upfront and honest about the process—and its potential benefits, like saving time, money, and relationships—clients are usually willing to approach mediation with a more open mind. It’s a delicate balance, but managing expectations early can lead to far better outcomes in the long run.

?? Confidentiality and Trust

Finally, one of the things that makes mediation so valuable is the confidentiality it offers. It creates a space where clients feel safe to be open and honest, without the fear that what they say might be used against them in court. This trust is critical, and as advocates, you need to reinforce it.

I’ve always been clear about the importance of confidentiality in mediation. It not only helps them feel more comfortable, but it also fosters a sense of trust between the parties. When trust is present, I’ve noticed that people are much more willing to explore creative solutions to their problems.

Conclusion: A Role That’s Evolving

Mediation advocacy is an evolving role. It’s a practice that requires empathy, creativity, and a willingness to see beyond the immediate legal issue. While the skills required are different from those of a litigator, they are equally important—and ultimately just as rewarding.

For those of us who work in this field, the ability to guide clients and parties through the mediation process, helping them find solutions that might not be available in the courtroom, is both a challenge and a privilege. As mediation continues to grow in popularity, it’s an opportunity for all of us to develop new skills and offer the parties a more pragmatic and effective way of resolving their disputes.