Mediation and Advocacy Literature Review

Mediation and Advocacy Literature Review

Mediation according to Barsky (2007) is defined as assisted negotiations. In the field of human services, many times mediation is used to help create solutions to conflicts where sometimes solutions are next to impossible to reach with only the parties involved. However, there are many roles mediators play within the human services field. It can range from counseling, social work and psychology to say the least. The role of mediator in the human service field is not to give the answer to the problem but to help create a solution as well as keep the parties involved in solving the problem. Sometimes social workers must play the role of advocates. Advocacy according to Barsky (2007) is defined as the act of providing Conflict Resolution (CR) support to a particular party or cause (pg 345). Advocates work with clients to help negotiate conflict resolutions in many different cases such as, child custody to the purchase of a car. However, combining mediation and advocacy in human service requires equal participation from all parties involved in order to reach an acceptable solution.

According to "HHS.gov US Department Of Health & Human Services" (n.d.), " Mediators are trained in communication and problem solving skills, which they use to help parties make the best possible decisions about whether to, and how to, resolve their dispute (Introduction).” This links mediation and advocacy to human services.

Also according to HHS.gov, US Department of Health & Human Services” (n.d.) “Mediation is a voluntary, informal process. Rules of evidence do not apply. Testimony is not taken. Mediation allows parties to control the dispute resolution process, rather than having a judge or some other official control it for them. Mediation is typically faster and more economical than adjudication, and even if mediation does not resolve the dispute, it almost always helps parties clarify and narrow the issues so that adjudication can proceed more rapidly. Mediators are not decision-makers or judges and have no personal interest in the substantive outcome of a case. Mediators use their expertise in communication and negotiation to help the parties make effective, informed decisions for themselves” (Introduction).

In some instances advocates and mediators are given the task to help individual when conflicts arise; more often than not, the person given this task is a social worker. When this occurs, the social worker must set aside his/her personal feelings and rely on his/her professionalism in order to get the conflict resolved. Human service workers must help find a common ground in each of the individuals by helping them to understand that the other party is expecting an equal or better outcome. Human service workers are tasked to negotiate as a mediator and or an advocate; this also links mediation and advocacy to human services. All workers