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Advocacy in Mediation

NCJ Number
102445
Journal
Mediation Quarterly Issue: 13 Dated: (Fall 1986) Pages: 69-76
Author(s)
B Helm; S Scott
Date Published
1986
Length
8 pages
Annotation
This paper describes the Stillwater child visitation mediation project (Oklahoma); discusses when, how, and where advocacy can occur in mediation; describes advocacy methods; and explains the use of advocacy in the Oklahoma program.
Abstract
The Stillwater program, Divorce Visitation Arbitration (DVA), provides a full range of child visitation services to divorced parents, including mediation of any interests they wish to negotiate. A central feature of DVA is the provision of advocacy for children of divorced parents, including advocacy in the context of mediation between parents. Advocacy can occur at four stages of the mediation process: in getting the parties to the table, when the parties articulate their interests, when the parties forge an agreement, and when monitoring compliance with the mediation agreement. Some advocacy methods at these stages include using a court order to require mediation, specifying the topics for negotiation, limiting the scope of the agreement, and requiring approval of the agreement by others. Advocacy can occur within the mediation sessions, perhaps through an advisory negotiator who operates with the mediator to ensure that the child's needs are met, and also outside the mediation process through such means as review of the agreement and mediation guidelines. The DVA program uses a counselor as the child's advocate in mediation. The counselor investigates the case and assists the mediator in guiding the mediation process in a direction that will address the child's needs without compromising the mediator's neutrality. The counselor is trained in mediation. 3 references.

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