Some Guidelines For Effective Advocacy In Mediation - Chapter 17 - AAA Handbook on Mediation - Third Edition
Howard D. Venzie, Jr. is President of Venzie, Phillips & Warshawer, Philadelphia, where his practice focuses on construction litigation and alternative dispute resolution. His experience in construction litigation includes all types of contract claims and disputes involving the construction of public and private projects. He is the former Co-Chair of the Commercial Arbitration and Mediation Committee of the Pennsylvania Bar Association and is a member of the American Bar Association’s Forum Committee on the Construction Industry, the Construction Committee of the Litigation Section and the Committee on Fidelity and Surety Law of the Section of Tort and Insurance Practice. He is a former member of the AAA’s Board of Directors and the AAA’s National Construction Dispute Resolution Committee. He is a member of the AAA commercial/construction panel of arbitrators and the AAA’s Large Complex Case panel of arbitrators, the Construction Arbitrator Master Panel, and the National Construction Arbitrator Training Faculty. Mr. Venzie has been selected as U.S. News & World Report Best Lawyers 2014 “Lawyer of the Year” in Philadelphia Construction Law, selected as a Pennsylvania “Super Lawyer” in the category Mediator/Arbitrator - Philadelphia Magazine, “Pennsylvania Super Lawyers” (2005 through 2014) and selected for the 2006 through 2013 editions of The Best Lawyers in America. He is a frequent author, speaker and CLE course planner on arbitration, mediation and construction claims and disputes and has more than 30 years experience with construction arbitration as both an arbitrator and as an advocate and has served as a mediator in approximately 750 construction/commercial cases since 1988. After receiving his undergraduate degree from Temple University, Mr. Venzie was awarded his law degree from Villanova University School of Law and served as Editor-in-Chief of the Villanova Law Review (1970-71).
EFFECTIVE ADVOCACY IN MEDIATION
Howard D. Venzie, Jr.
Any meaningful discussion of advocacy in mediation should begin by recognizing the fundamental tension between the two concepts. Mediation involves negotiation, conciliation and compromise between parties who have become adverse because of a controversy or dispute. Advocacy, by contrast, is premised on notions of “winning” the battle of persuasion between adversaries on important issues such as responsibility and entitlement.