Advocacy
The word 'Advocate' comes from a Latin word meaning 'to be called to stand beside'.
Key features of advocacy:
- Advocacy is a process of speaking up for, or representing, a person or cause.
- It is partisan - it involves taking sides.
- It usually involves the rights or entitlements of the consumer.
- It happens where someone other than the consumer has the power to make a decision.
- It seeks to redress a consumer's feeling of powerlessness: it involves empowering the consumer.
- It usually happens in a context of conflict
- It relies mainly on reasoned argument.
- It requires the advocate to have a clear mandate.
- It requires the advocate to minimise any conflict of interest.
Outline of the basic steps in working with consumers as an advocate
- Step 1 - Hearing the story
- Step 2 - Clarifying the story
- Step 3 - Identifying the elements
- Step 4 - Identifying desired outcomes
- Step 5 - Information provision
- Step 6 - Brainstorming possible strategies for action
- Step 7 - Identifying potential consequences of actions
- Step 8 - Negotiating an action plan.
What advocacy is not
Complaints investigation
The Australian Standard - Complaints Handling (AS 4269 1995)
The central objective of a complaints handling process is to investigate and resolve complaints made by individual complainants. Both the complainant and the service provider have the right to have the investigation conducted in a professional, objective and unbiased manner.
Mediation
Mediation is a process of dispute resolution in which a neutral third party facilitates discussion between disputants to seek a mutually acceptable solution.
- The Mediator is neutral - does not take sides
- A Mediator does not impose a decision on the parties
- Participation is voluntary
- Decision in mediation is not legally binding itself - parties may go on to make an agreement on terms of settlement that can then become legally binding.
Conciliation
The third party's role distinguishes mediation from conciliation. Conciliators are often expected to contribute their own views and opinions during the conciliation process. It is essential that the role of the conciliator be spelt out - to achieve a fair resolution of a complaint. The conciliator's role is not simply to encourage a settlement, but rather to participate in the process and ensure that the settlement reached is just. Government Departments, such as the Anti-Discrimination Board, often conciliate rather than mediate disputes.
