Challenges of Being an Advocate and Neutral Facilitator

of Being an Advocate and Neutral Facilitator

Suzannah M. Sanders

BSHS/442

Linda Latson

June13, 2011

Challenges of Being an Advocate and Neutral Facilitator

This paper will explore the ethical, moral, and legal challenges of potential dual relationships as an advocate or mediator. My personal perception on the integration of advocacy and mediation within the human services field will be presented. My personal philosophy and individual approach to advocating within an agency which provides services for the seriously mentally ill will be discussed.

Dual Relationship Challenges

It is the legal and ethical job of the mediator to see that all communication be kept confidential, but when dual relationships develop confidentiality is often violated. Pearson and Piazza (1997) wrote: "The American Psychological Association (APA) Ethics Committee (1988) reported that dual relationships accounted for 23% of all ethical complaints" (p. 1). Dual relationships issues affect all human resources professionals in every discipline. This is particular true when there is a power differential, but quiet often these relationships are purely coincidental (Pearson & Piazza, 1997). Most Code of Ethics which exist to provide guidance to advocates and mediators consider dual and multiple relationships as both unethical and undesirable; however, if the dual relationship is a given, most professions have procedures in place to avoid censure (Bodor, 2008). Care must be taken to avoid them in mediation disputes for the mediator must be completely neutral. If the mediator has a previous relationship with either party, then there is a possibility of a bias toward one side and the mediator should disclose this information (Barsky, 2007). Whenever a personal relationship is added to a professional relationship, there is a potential for ethical, moral and legal challenges. Dual relationships and conflict of interest are often difficult to avoid however, in small isolated communities for there is a much greater chance of the professional relationship being endangered by familial, social, financial, business or close personal relationships (Barsky, 2007). These relationships are virtually impossible to avoid when the professional has no choice but to shop in the client's store, or when the offspring of both are involved in the same school and community activities (Bodor, 2008). Bringing in outside professionals is a costly alternative, but locals understand the culture far better than a outsider would (Barsky, 2007). Trust is a big issue in rural communities, for personal trust is far more important than competence (Bodor, 2008). In summary, dual non-sexual relationships are often impossible to avoid, and not always illegal or unethical, but a dual sexual relationship is always taboo and sets the stage for legal ramifications. The literature presents conflicting viewpoints, and most writers point to the fact that the current research is insufficient on dual and multiple relationships (Bodor, 2008).

Personal Perception

Mediating and advocating for clients within the human services field today is both necessary and challenging, due to client's general lack of knowledge regarding their rights and liberties. This is especially true when dealing with mental health issues. Although mediation and advocacy are different services, they both provide access to information, effective communication, and both focus on improving the client's station in life. It is the job of mediators and advocates to bridge the gap in CR between disputants and the laws that exist to protect them. An advocate is an individual who speaks for and on behalf of a particular concern; whereas, a mediator is a neutral third party who is hired to initiate communication between disputing parties which hopefully will lead to an acceptable resolution. Advocates may also provide clients with support during mediation (Barsky, 2007). I feel that many conflicts have been