Advocacy

The role of the advocate is to present the case for its party in the best possible way. In court processes this is the role of the barrister with a solicitor perhaps preparing the material for delivery. But in arbitration the parties do not have to be represented by lawyers and will often be better represented by advocates who specialise in the field concerned. Depending on the arbitration processes agreed upon (and the advocate should help to determine these as well as the choice of arbitrator) the mechanisms may be very similar to court processes with discovery of documents, choosing that which is relevant, researching of the relevant law, briefing of witnesses, deciding on expert witnesses (if any)  and presentation at any hearing.

Many of the presentation matters are also relevant in mediation. One might choose to have the advocate take the lead role or be present in mediation. In mediation the course of events will be much less structured and the parties will necessarily be more directly involved than in an arbitration. However the need for organisation of documentation and choice of relevance still exists as the other party must be persuaded, whether directly or through the mediator.

Again, the advocate may act as a negotiator for a party or be present at the negotiation but the emphasis in negotiation is rather different. It is less a matter of presentation and more one of discussion. However it is important that the fall back position - the Best Alternative to a Negotiated Agreement (your so-called BATNA) has been assessed by your advocate so you know what it is if all else fails.

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