A mediator is an impartial third-party person who initiates and facilitates talks between two parties in conflicts, in order to reach a fair and agreed conclusion. The mediator does not make the decision in such a case. Rather, he helps the two parties to reason out together and willingly reach and abide by the desired conclusion. An advocate on the other hand is one who speaks for another person, especially under legal circumstances.
Being an advocate or a neutral facilitator is one of the most challenging careers that a person may choose top to pursue. This is because these are some of the careers that require and call for high ethical morals and utmost professionalism.
Ethically speaking, a mediator or an advocate should and must always keep his clients’ information private and confidential. The reason is that these clients or parties have entrusted him with all the information that he asks for, some of which might be private and may affect a client’s self esteem if disclosed to the public, for example, death wills and family affairs’ information. An advocate or a mediator must therefore be a discreet person who can keep secrets as a mediator also, one is required to remain neutral and unbiased towards the two parties (Leviton and Greenstone, 1997). This can prove to be a task if for example the mediator holds different beliefs or doctrines compared to on of the parties, or in case he finds one of the parties to be the one in the offense.
The two parties should therefore be treated indifferently, so as to achieve the desired results. The mediator should keep personal perceptions at bay, in such a case.
Legally speaking, an advocate or mediator should be considerate of the needs of their clients. Notably, most clients may not be aware of their rights because they may not be well conversant with the law. A competent mediator or advocate should not use such an opportunity to exploit or belittle the client, as most of them do. An advocate should not take weak points from the client to exploit him, and as noted, most mediators influence the agreement to be reached by belittling one of the parties, making the situation look complicated thereby confusing one of the parties. At this point, the mediator ‘proposes’ possible solutions, and the victimized parties are obliged to comply. This is not morally or ethically correct. He should also not go badmouthing or leaking confidential information to other people. This is a challenge to many advocates and mediators, who leak information to their friends, family members etc, and consequently spread confidential information.
Morally speaking, an advocate should at all costs maintain a professional relationship between him and the client. This is not only morally right, but also a requirement from the profession’s code of ethics. A client should be in a position to build a professional working relationship with the advocate or mediator (Barsky, 2007). Mediation and advocates’ professions are some of the professions whereby one knows a lot of personal information about their clients, and it is very crucial that one keep such information very discreetly. This is one challenge that faces many people in the profession.
In my advocating and mediating agency, from the above script, I would ensure that a client’s information is kept discreetly, and no one but me gets to access their files. I would also be unsure that the relationship between me and the client is purely professional, by first breaking down for him his legal rights and expectations. This will help the client know what is expected of them, and it will make my job as professional as possible.
References
Barsky, A.E. (2007). Conflict resolution for the helping professions. Belmont: Thomson/Brooks/Cole. Print.
Leviton, E. & Greenstone, M. (1997). Elements of mediation. Belmont: Thomson/Brooks-Cole. Print.