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C h a p t e r t e n

Advocacy

A dvocacy refers to influencing decisions affecting the welfare or interests of another individual or group. Whereas a mediator is an impartial third party who helps both parties negotiate, an advocate is partial to one party or cause (Mayer, 2004). The word advocate derives from the Latin avocare, meaning “to summon one’s help” (Hopkins, 1994). Advocacy may be used to enhance the lives of clients or others by pro- moting their rights, leveling the playing field, and fostering social equity (M. Martin, 2015). Advocacy is not just about achieving particular outcomes. Advocates also promote better conflict resolution (CR) processes, reducing stress, improving relationships, and ensuring people are treated well throughout conflict resolution processes.

LEARNING OBJECTIVES

Upon successful completion of this chapter, you will be able to:

• Select appropriate strategies for advocacy in light of whether one is an ally, adver- sary, or neutral.

• Empower clients to advocate on their own behalf by strengthening their advocacy capacities.

• Use language and stories in a persuasive manner. • Assess power dynamics and determine ways to employ power to address client con-

cerns and broader causes in an effective manner. • Critically analyze ethical issues related to various aspects of advocacy.

Advocates can work with clients to help them negotiate more effectively, on their own behalf. Alternatively, advocates can act on behalf of clients, representing or defending them in CR processes. Working with clients tends to be more empowering. Acting on their behalf may be necessary or more efficient, depending on the circumstances. In many cases, advo- cates combine both methods.

Helping professionals may embrace advocacy for a variety of reasons, including finan- cial, professional, and moral motivations. From a financial perspective, professionals may

Barsky, Allan. <i>Conflict Resolution for the Helping Professions : Negotiation, Mediation, Advocacy, Facilitation, and Restorative Justice</i>, Oxford University Press, Incorporated, 2017. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/liberty/detail.action?docID=4792771. Created from liberty on 2019-11-19 09:12:47.

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serve clients because they are paid to do so. In some instances, clients hire and pay helping professionals directly. In other instances, agencies pay salaries to the helping professionals and advocacy is part (or all) of their job. From a professional perspective, most codes of ethics include an obligation to advance the wishes of their clients, as well as broader societal causes such as justice, physical health, mental health, or social well- being. Some professions specifically emphasize advocacy for the most disadvantaged and vulnerable groups in society: children, the elderly, people with mental illnesses or disabilities, people with low incomes, victims of abuse, people charged with crimes, and minority groups who are subjected to discrimination (Hoefer, 2016). From a moral perspective, the call to advocacy stems from empathy and compassion, understanding how others may be suffering and having the kindheartedness to do something to remedy that suffering (Warren, Klepper, Lambert, Nunez, & Williams, 2011). For some professionals, the moral obligations to help one’s brothers and sisters, to serve strangers, and to support our neighbors are also fostered by their spiritual beliefs or religious traditions. While each of these motivations for advocating has value, tapping into one’s own moral motivation for advocacy may be particularly useful. When acting from empathy and compassion, advocacy becomes an act of love, enlightenment, and unselfish devotion to the welfare of others (Barrett, Lester, & Durham, 2012). Advocating from love and compassion also inspires professionals to advocate with passion, patience, perseverance, and peaceful means (Warren et al., 2011). Advocates can also connect with their spiritual communities (Warren et al., 2011), not just those who come from the same religion, but with communities of people who support similar values, goals, and causes. Although advo- cates sometimes act alone, advocacy is often a team sport or endeavor, requiring the coop- eration of many in order to bring about meaningful change. Finally, being mindful of our motives can help us ensure that inappropriate motivations for acting— anger, hate, greed, and so on— do not inhibit our ability to advocate effectively and ethically.

This chapter encompasses the following topics: approaches to advocacy, the relation- ship between advocates and decision makers, advocacy activities and skills, rhetoric and persuasion, using power, and ethical issues. As you read through the chapter, note the simi- larities and differences between advocacy and other methods of CR explored earlier in this book. In particular, consider how you can use power, rights, interests, and transformation to enhance your repertoire of advocacy tools.

APPROACHES TO ADVOCACY

The manner in which helping professionals advocate depends on their theoretical orienta- tions, including their views on what influences people and how social institutions change. For helping professionals with a systems orientation, change occurs by altering the trans- actions between people. Alternatively, someone coming from a critical race education perspective might advocate by raising awareness of the impact of racism in education, poli- tics, business, and other structures in society (Ledesma & Calderon, 2015). Community organizers may initiate advocacy through coalition building, mobilizing people to work together for a common cause (Kirst- Ashman & Hull, 2015). Social exchange theory sug- gests that negotiation is a process of trading resources (Wilmot & Hocker, 2014). Applying this theory, an advocate could try to bolster a client’s resources prior to entering into a negotiation process with competing parties, improving the prospects for a more positive exchange for the client. Similarly, advocates could adopt other theories underlying CR as described earlier in this volume.

You must be the change you want

to see in the world.

—Mahatma Gandhi

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Advocacy can focus on three levels of practice: individual, administrative, or policy. Individual advocacy1 helps a specific client deal with a single, concrete conflict— for example, advocating for an HIV- positive client to receive service from an agency that currently restricts service to people with full- blown AIDS. Individual advocacy helps clients understand and enforce their rights and options (Weintraub & Goodman, 2010). Administrative advocacy is directed toward changes in an agency’s policies and procedures. Rather than advocating for an exception for a particular client, one advocates for changes in the general procedures of the agency. Thus, if agency procedures created barriers to service for people with HIV, admin- istrative advocacy could focus on helping the agency to remove such barriers and become more inclusive (Stylianos & Kehyayan, 2012). Policy advocacy is directed toward changes in rules or laws that go beyond a single agency, fostering broader systemic change (M. Martin, 2015). In the HIV example, a policy advocate might seek to change the way that government funds social agencies so that clients with HIV have greater access. Some helping professionals are often predisposed to one level of advocacy in their work, for instance, advocating for indi- vidual clients. However, advocacy coordinated at all three levels may be advantageous (e.g., using individual advocacy in the short term to help a client with an immediate need, and then using administrative and policy advocacy to help a class of clients over the long term).

REL ATIONSHIPS BET WEEN ADVOCATES AND DECISION MAKERS

The strategies of an advocate depend on the type of relationship between the advocate and the decision makers: alliance, neutrality, or adversarial. In an alliance situation, the decision makers view the advocate as someone who is on the same side. They tend to have common beliefs, goals, or mandates. Allies are predisposed to offering support for the advocate’s cause (Beyond Intractability, n.d.). In a neutral situation, the decision maker views the advo- cate as an objective source of information or opinion. The decision maker does not see the advocate as an ally or an adversary. In an adversarial situation, the decision maker views the advocate as an enemy. Initially, the level of disagreement is so large or so fundamental that the decision makers view the advocate with little legitimacy. The easiest situation for an advocate to have influence is as an ally (Lewicki et al., 2010).

Often, decision makers have certain preconceptions about advocates, for example, “This professional can be trusted” or “This person is biased.” The advocate can either try to foster a different type of relationship or employ strategies that are most likely to be effective given the confines of the existing relations. Consider the following scenario:

Mr. and Mrs. Pinder are proud new parents of a baby girl, Gretel. Both parents use flakka and other drugs. The hospital called child protective services when the baby was born. The child protection worker, Warren, needs to determine whether to allow Gretel to go home with her parents. He speaks with three helping professionals at the hospital: an addictions counselor, a nurse, and a parent support worker.

1. Ally

The addictions counselor happens to have a previous relationship with Warren, who sees the addictions counselor as an ally. They share similar views about the needs of children and

1 Individual advocacy is sometimes called case advocacy, as opposed to cause advocacy, which includes both administrative advocacy and policy advocacy.

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their right to proper parenting. The addictions counselor believes the baby would be put at risk of abuse and neglect if the Pinders took her home. To advocate for the baby’s welfare, the addictions counselor builds on the values she has in common with Warren. Because Warren already trusts the addictions worker, the worker does not have to put much effort into building the relationship. He can focus on providing cogent arguments that substanti- ate the need for intervention required to safeguard Gretel’s welfare. Allies can generally be persuaded to provide support if the advocate uses a bit of friendly reasoning or a moral or emotional appeal.

2. Neutral

The nurse happens to have no prior relationship with Warren. Accordingly, he has no initial bias toward or against her. To build credibility as an advocate, the nurse tries to demonstrate her professionalism. She is knowledgeable, articulate, conscientious, and objective. She believes the baby can be returned home with the Pinders, provided they agree to cooperate with in- home support to monitor the situation and ensure that Gretel’s needs are met. She bolsters her credibility by showing that she has considered all pos- sible options. She reviews the advantages and risks of all options before showing how she arrived at her conclusion. Although Warren initially views the nurse a neutral, he begins to see her as more of an ally (someone with shared interests who wants to help him carry out his mandate effectively). To win the support of a neutral, advocates may need to provide more comprehensive arguments or lines of reasoning, knowing the neutral will provide them with a fair hearing. In situations where the neutral has not thought much about the issue, the role of the advocate may be to raise awareness and concern, helping the neutral to think more deeply about the issue (Hoefer, 2016).

3. Adversary

The parent support worker has a reputation for supporting the rights of parents over the rights of the child. Initially, Warren views the support worker as an adversary who will try to pressure him into releasing Gretel to the Pinders, even if there are substantial protection risks, including the parents’ use of flakka. The support worker can choose between two different courses of action. The first is to try to foster a relationship of neutrality or alli- ance: How can we work together? What are our common interests? How can I demonstrate that my opinions are valid and reliable? With this approach, the support worker focuses on building trust before advocating a particular position. Rather than viewing the decision maker as an adversary, the advocate views the decision maker as a potential ally (or partner in advocacy). Warren may need to exercise patience and persistence. Building positive rela- tionships could take months, even years.

The second approach is to remain in an adversarial relationship and make use of com- petitive strategies (Hoefer, 2016). For example, the support worker could engage Warren in a debate and try to provide stronger arguments (e.g., using facts, morals, and logic). The worker could also try to coerce Warren by threatening to go to his supervisor or to take the case to court. Alternatively, the worker could try to use gentle persuasion. Rather than argu- ing from his own point of view, the support worker could reflect on Warren’s views and then present arguments that fit within Warren’s framing of the issues (Feinberg & Willer, 2015).

Some adversaries may not agree with you in principle, but they may be willing to engage in an exchange of resources or commitments (e.g., “You scratch my back, if I scratch yours”). Other adversaries may refuse to listen or deal with you, regardless of what you have to offer. They may be holding onto extreme or prejudicial views that cannot easily be changed

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(Lewicki et al., 2010). Rather than trying to win over or destroy the adversary, you might try engaging in joint problem solving. Even when the advocate and decision maker disagree about certain issues, the advocate could say, “Yes, we have disagreed about many issues in the past … now, what can we do together to improve the situation for Gretel and the Pinders.”

In deciding which course of action to take, an advocate should first consider more collaborative and peaceful approaches (e.g., dialogue, joint problem solving, and media- tion). Only when these approaches have been exhausted or ruled out as infeasible, should the advocate consider more competitive or power- based approaches. Collaborative approaches reflect professional values such as peace, nonviolence, respect, and partner- ship. Before adopting power- based methods, an advocate should consider the potential costs. Even if a coercive strategy works in the short run, there may be a price to pay at a later date, for example, harmed relationships, retaliation, or backlash. An advocate’s selec- tion of approaches is essentially the same as a negotiator’s BATNA analysis, as described in Chapters 4 and 6: W hat is the best alternative to a negotiated (or collaborative) agree- ment? Too often, advocates fall back on adversarial approaches when more constructive and creative approaches have not been fully explored.

ADVOCACY ACTIVITIES AND SKILL S

Two approaches to advocacy include empowering clients to negotiate on their own behalf and advocating for clients as their representatives. The following sections explore the range of activities and skills that may be used in each of these approaches. Although these two approaches may be used separately, it is possible to use a combination of approaches to pursue the client’s advocacy goals.

Helping Clients Negotiate on Their Own Behalf: Empowering and Coaching

An empowerment approach to advocacy suggests the professional’s role is to offer clients the skills, knowledge, encouragement, resources, gentle guidance, and other support so they can negotiate more effectively on their own behalf (Davis, Gavazzi, Scheer, & Uppal, 2011; Drage, 2012). Advocating with clients in this manner shows respect for the dignity and worth of the client. The advocate listens with empathy and treats clients as autonomous individuals who have the capacity to make good decisions and negotiate for themselves (V. Barnes, 2012). The advocate helps clients engage in CR processes, using their own voices. W hen an advocate acts as a representative or spokesperson, clients may feel the advocate is taking care of them in a paternalistic manner. In contrast, when an advocate uses an empowerment approach, the client feels supported as the leading partner in the advocacy process. In other words, the client retains a greater sense of power and control. Another advantage of empowerment is that it helps clients deal with a broad range of conflicts throughout their lives; representation may only help them resolve one particular conflict. A final advantage of empowerment is that it may allow the CR pro- cess to remain informal and friendly. Once a client hires an attorney or other spokesper- son, the other side may feel compelled to hire a professional representative. By bringing professional representatives into the process, the levels of formality and friction could increase.

An advocate who empowers clients may assume the role of a coach (Brinkert, 2016). A conflict coach works one- to- one with clients to enhance their knowledge, skills, self- confidence, and mindfulness so they are better able to manage conflicts and achieve their goals. Coaches help clients achieve their goals through a variety of strategies. In a high- conflict divorce situation, a parenting coach could teach a client problem- solving skills to manage conflict with the

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2 In addition to helping client set ideal goals, advocates may help them identify acceptable goals (Alinsky, 1971). The client’s ideal goal may not be attainable, so it may be helpful to identify acceptable outcomes as a possible backup plan.

3 The coach could give the client the Thomas-Kilmann Conflict Style Inventory (see Chapter 1).

coparent more effectively. The coach could also help the client debrief after a particularly tense confrontation between parents, helping the client work through emotions, identify conflict skills used effectively, and consider CR skills that could be used more effectively in future interactions. In a hospital dispute, a coach could provide administration with access to the best research regarding how to enhance interprofessional collaboration and how to foster a more positive work environment. In a school situation, a guidance counselor could coach a student who needs help dealing with a teacher. The counselor could role- play class situations to help the student practice particular communication skills. The counselor acts as a support, helping the student tell her story and assert her concerns in a respectful, effective manner.

Box 10.1 provides an inventory of activities and skills that coaches may use to prepare clients for negotiation, mediation, dialogue, case conferences, arbitration, court, or other CR processes. Initially, the coach engages the client by listening, demonstrating empathy,

BOX 10.1 ADVOCATE AS COACH: EMPOWERING ACTIVITIES

AND SKILLS DURING PREPARATIONS

1. listens to client attentively and empathically

2. helps client identify and articulate goals (clear, feasible, meaningful)2

3. explains types of help the coach can offer

4. Allows client to determine which types of help to use

5. helps client analyze the nature of the conflict (e.g., power, rights, interests, identity,

miscommunication), usual conflict response style,3 and best ways to address the

conflict

6. facilitates access to material supports to enable effective advocacy (transportation,

clothes, computers, office space, phones, supplies)

7. Coaches client on specific skills (listening, storytelling, interest- based negotia-

tion, persuasion, stress management, meditation, prioritizing, setting appropriate

boundaries, perspective taking, focusing on strengths, expression reading)

8. Rehearses with client (practicing particular skills)

9. helps client with mindfulness (being self- aware and responding deliberately rather

than automatically; raising consciousness of the client’s higher purpose or mean-

ing for addressing the conflict)

10. Assists client with emotional regulation (how to deal with anger, frustration, anxi-

ety, embarrassment, and other emotional triggers)

11. uses visualization exercises to help client imagine how a positive interaction would

look (building confidence and positive expectations)

12. focuses client on primary goals and motivations (focusing on the big picture and

meaningful results)

13. links client with community supports (family, peers, neighbors, associations)

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and ensuring she understand the client’s concerns and goals. The coach may offer various forms of help, including moral support, information, and practicing particular CR skills. The coach trusts the client to make decisions, including how to proceed and which specific forms of help the coach will provide (International Coach Federation, 2015).

Clients may question why they would need the help of a coach. “I’m a well- educated, suc- cessful person. I can represent myself just fine.” A coach could acknowledge these strengths— and others— and also demonstrate how she can help the client build on these strengths.

The most successful people in the world are often people who engage the help of others. If you have a medical problem, you might ask a doctor for help. If you have a problem with electricity in your house, you might ask an electrician for help. My expertise is helping people deal more effectively with family conflict. You are in charge and I will trust your knowledge. I may have some suggestions. Still, it is up to you to decide whether and how to use these suggestions.

If a client resists certain types of help, coaches should roll with the resistance and allow the client to remain in charge (Martens, 2012).

When working with clients who present with personality issues such as narcissism or borderline personality, coaches do not diagnose or provide therapy. However, coaches can help clients manage problematic thought patterns or behaviors more effectively (Eddy, 2014b, 2014c). For instance, if a client has rigid thinking (“It’s my way or the highway”), try to help him with flexibility (“I know it seems like there aren’t many options, so perhaps we could try to brainstorm some creative solutions”). If the client has difficulty managing emotions, teach him how to reflect and monitor reactions. If the client tends to use abrasive language, teach him how to reframe his messages in more positive terms.

14. helps client examine issues from various perspectives (including own, conflicting

party’s, and decision makers’ perspectives)

15. Assists client with written communication, speaking notes, and forms

16. provides clients with access to relevant information4 (e.g., legal rights, CR process,

facts and research pertaining to the issues in dispute, and suggestions for how to

navigate the system).

17. helps clients with unreasonable expectations (asks reality testing questions,

explores BAtNAs, presents objective information, and lets client decide how to

proceed)

18. helps client identify and manage unproductive responses and patterns (e.g., yelling,

excessive emails, provocative language, inappropriate gestures)

19. encourages ethical approaches to negotiation (e.g., honesty, full disclosure, nonvio-

lence, collaboration)

20. helps client identify potential problems or challenges, as well as how to pre- empt

or resolve them

21. If conflict is not resolvable, helps client cope and manage conflict

4 Helping professionals may provide legal information. They should avoid providing legal advice unless they are licensed attorneys.

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In some instances, advocates help clients manage conflict rather than resolve it. When conflict is enduring, clients may benefit by learning better coping skills (T. Jones & Brinkert, 2008). In a workplace conflict, for instance, an advocate can help a client deal with a very demanding or highly volatile boss. The advocate may help the client debrief challenging situations and practice the use of nonjudgmental listening to de- escalate conflict. The advo- cate could also help the client avoid behaviors tend to trigger negative responses.

Box 10.2 lists activities and skills that a coach may use to help clients during media- tion, case conferences, public hearings, or other CR processes. Consider how it might feel to be a client surrounded by professionals who seem to speak a foreign language, and how comforting it would be to have at least one person that you know is on your side to help you understand and engage in the process (Featherstone & Fraser, 2012). Simply having a coach attend a meeting with a client can be very empowering. Being with the client demon- strates care and concern. It also puts others on alert that another professional is observing the process. Having an audience encourages decision makers to act reasonably and fairly (Lewicki et al., 2010). The coach’s presence may discourage others from exploiting the client’s lack of knowledge or other forms of power. Accompanying a client also lends the coach’s credibility to the client.

When empowering a client during meetings, coaches may appear relatively passive. If they have prepared the client well, the client should be able to negotiate on his own behalf. When the coach does intervene, it should be in a supportive role. The client or coach may also call caucuses (private meetings), so they can review progress, deal with emotions, and decide how to proceed before returning to the joint meeting.

Box 10.3 lists activities and skills that coaches may use to help clients following a meet- ing or CR process. If the meeting has resulted in a resolution of the issues, coaches can assist with implementation of the decisions. If the conflict has not been resolved, coaches can assist with strategizing next steps in the CR process. In other situations, coaches can debrief

BOX 10.2 ADVOCATE AS COACH: EMPOWERING ACTIVITIES AND SKILLS

DURING MEETINGS

1. Attends meeting with client (holds client’s hand— figuratively and sometimes,

literally)

2. Asks clarifying questions (ensures that clients and others speak in terms where they

understand each other)

3. ensures that client’s voice is heard (including storytelling, concerns, interests, and

options)

4. listens and takes notes during meetings (providing a record for evidentiary pur-

poses, as well as information to help client debrief )

5. Caucuses with client to offer support (helps client manage anxiety, intimidation,

questions, and other concerns; helps client balance emotion and reason)

6. helps others listen to clients (ensures that client has turn to speak, asks others to

summarize what client has stated; holds people to their roles and rules)

7. Asks client questions to facilitate insight about the best way to proceed

8. provides moral support for client (supports self- confidence, inspires client)

9. helps client diffuse volatile situations (calls a break, helps with breathing, etc.)

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with the client, helping her sort through thoughts and feelings about the process, as well as offering further encouragement and support.

Throughout the coaching process, maintaining a positive coach– client relationship is vital (Wildflower & Brennan, 2011). Dealing with conflict may be stressful. Clients may take out their frustration on their coaches, particularly when things are not going their way. Coaches should continue to demonstrate empathy, concern, and patience, sometimes acting as a sound- ing board and always letting clients know you are on their side. When things are not progressing well, coaches can provide inspiration and encouragement. They can also offer new approaches, so the client does not continue with skills or strategies that are not working. In some instances, coaches need to help clients accept setbacks or losses. Regardless of whether a client achieves a desired solution, a coach’s role is to help the client move ahead in a positive manner.

Advocating for Clients: Representing

Although empowering a client has many advantages, representing a client may also be ben- eficial. By acting as a spokesperson or representative, advocates can make use of their spe- cialized knowledge, experience, and skills. In a welfare appeal, for instance, an advocate’s understanding of complex policies and procedures may render the advocate more effective than a client acting on her own behalf, even with the benefit of coaching. Decision makers may also perceive professional advocates to be more objective and more credible. A client may also be at a disadvantage due to anxiety, frustration, and other strong emotions. As noted earlier, however, advocates could use a combination of empowerment and represen- tation, maximizing the benefits of each approach.

Helping professionals may assume the role of a representative in a broad range of con- texts: helping a client gain access to services at a mental health facility, advocating for a client in a parole hearing, speaking up for a client at a case conference, lobbying govern- ment for a change in laws, or presenting a child’s wishes and concerns to divorcing par- ents. Although the advocate is speaking for the client, the advocate should do so only with the informed consent of the client.5 As with the empowerment approach, representatives should ensure that clients make key decisions about how they will work together proceed.

BOX 10.3 ADVOCATE AS COACH: EMPOWERING ACTIVITIES

AND SKILLS AFTER MEETINGS

1. Debriefs meeting with client

2. Reviews notes or recordings with client

3. Allows client to vent thoughts and feelings

4. Reinforces positives

5. provides constructive feedback

6. helps client reflect on goals and motivations

7. helps client identify work to be done

8. helps client strategize next steps

9. helps client implement, monitor, and evaluate agreements or decisions

5 Informed consent is explored further, under the section on ethics toward the end of this chapter.

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Box 10.4 identifies activities and skills that representatives may use to prepare for CR processes. Deliberate and controlled advocacy processes are generally more effective than unplanned ones. Representatives start by listening to their clients and working toward agreement on how they will approach the conflict. Representatives may work collabora- tively with clients to assess the nature of the conflict and to determine which strategies will be used to address it (Eichler, 2007). Some clients may want to play an active role during preparations and throughout the CR process; others may entrust representatives to act on their own, with relatively little client involvement.

Box 10.5 illustrates a range of strategies that advocates may use to bring about change on behalf of clients and causes. Strategies such as coalition building, demonstrations, and civil disobedience build on the power- based approach, as described in Chapter 4 and explored further in this chapter, below. Participating in appeals, courts, and other legal processes fits with the rights- based approach described in Chapter 5. Collaboration and problem solving build on the interest- based approach, presented in Chapter 6. Although advocates may com- bine strategies, they should be careful to ensure that their overall plan is coherent and rational.

Consider an ethnic group that is being denied equitable access to services in a health- care system (Stylianos & Kehyayan, 2012). A representative could begin with collaborative strategies, bringing policy makers together to address issues in an amicable manner. If this strategy is not successful, the representative could help the group file a formal complaint (e.g., with the legislature or regulatory body). Even when an advocate initiates rights- or power- based strategies, the advocate should be willing to circle back to collaborative strate- gies if and when this approach may prove fruitful.

BOX 10.4 ADVOCATE AS REPRESENTATIVE:

PREPARATION ACTIVITIES AND SKILLS

1. listens carefully to understand client’s needs, concerns, and wishes

2. Assesses the nature of the conflict (including causes, consequences, demographics

of people affected, and prior attempts at resolution)

3. Identifies goals for advocacy

4. Assesses the individuals and social systems affected by the conflict

5. Becomes informed with all sides of the issues (perspective taking)

6. Reflects on personal and professional motivation and mandate for becoming

involved as an advocate

7. understands who must be persuaded (including specific individuals, groups, and

organizations)

8. Considers a range of advocacy techniques and determines which are most likely to

be effective and ethically appropriate

9. Identifies resources that may be used for advocacy

10. Works with allies (strategizing and determining how each will contribute)

11. takes steps to improve power dynamics before primary intervention

12. plans agenda and structure, or receives the information from the facilitator

13. prepares stories, research, evidence, and arguments for oral or written presentation

14. tests oral and written presentations with colleagues

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When planning advocacy activities, timing can be vital to success. Ripeness refers to the readiness of decision makers to deal with a particular conflict. Sometimes, it takes a significant event (or cause célèbre) to motivate people to action. As Chicago Mayor Rahm Emanuel said, “You never want a serious crisis go to waste. And what I mean by that it’s an opportunity to do things you think you could not do before” (see https:// www.youtube. com/ watch?v=1yeA_ kHHLow). Thus, advocates of gun safety laws have used mass shoot- ing incidents as occasions to ask Congress to take action to protect the public. Advocates also need to gauge the temperament of the public. Some people feel that the time imme- diately following a mass shooting is a time for grieving, not politics. Rather than respond- ing at the time of the shooting, for instance, advocates could prepare for a demonstration on the first day that the accused it to appear in court. If the exact time to act is uncertain, advocates may use Twitter or other social media to mobilize support and let people know

BOX 10.5 ADVOCATE AS REPRESENTATIVE: BROAD STRATEGIES

• engages agencies or other social systems in problem solving (collaborates for access

to services, better services, honoring client rights, etc.)

• Monitors agencies’ performance (including follow- up on their promises)

• Raises awareness of an issue (consciousness raising)

• Conveys positive attitudes to the community about clients (countering negative

stereotypes)

• Appeals to external ombudsperson or other statutory authority mandated to inves-

tigate or enforce client rights

• Directs complaints to the agency’s funding body

• seeks legal remedies (in court or other legal processes)

• Represents a client in a case conference, administrative hearing, or other CR process

• provides testimony to decision makers (in appeals or other hearings)

• lobbies individual policymakers (conveying demands, placing pressure on decision

makers)

• Creates or sustains a crisis environment to stimulate conditions for change (e.g., orga-

nizing boycotts, demonstrations, street dramas, vigils, or nonviolent civil disobedience6)

• Mobilizes constituent support (facilitating petitions, coalition building, creating

nongovernmental organizations [Ngos])

• Conducts research and publishes articles to disseminate information to assist deci-

sion making7

• Institutes demonstration projects to show the effectiveness of proposed solutions

• engages in political campaigning (elections, ballot initiatives)

• Influences media coverage (raising awareness of issues, influencing public opinion)

6 Nonviolence is a means of raising public awareness and sympathy through assertive means. Ideally, non- violence demonstrates the interdependence among people and the need to address the concerns of a dis- empowered group (Schirch, 2004). When used effectively, nonviolence builds the moral power of the vulnerable group, as described later.

7 Consider the importance of research in the same-gender marriage cases that went to the U.S. Supreme Court. Opponents suggested that gay men and lesbians were sick, immoral, or dysfunctional, and that their chil- dren would be disadvantaged. Proponents used research to demonstrate that the children of gay and lesbian parents were just healthy and functional as children of heterosexual parents (Obergefell v. Hodges, 2015).

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when to act. Social media can be used to link people across distances and cultures, quickly mobilizing them for swarming, inundating with emails, or other types of cyberactivism (M. Martin, 2015). Websites, such as https:// www.change.org and http:// front.moveon. org, can also be used to raise money and develop communities of interest around the globe (see Appendix 4 for additional advocacy websites and online resources).

Box 10.6 identifies oral skills that representatives may use as advocates within media- tion, litigation, debates, or other CR meetings. While it is not necessary for a representative to use all the skills in a particular meeting, this list serves as a toolbox from which represen- tatives may draw appropriate instruments for particular purposes. If a conflict centers on disagreement over facts, for instance, the representative may help the group gather cred- ible information. If a decision maker seems too embarrassed to reverse a prior decision, the representative could use face- saving strategies. If decision makers are at an impasse, the representative can draw their attention to the costs of nonagreement (R . Fisher et al., 2011). Although the advocate acts as the representative for a particular client, the advocate may be wise to help various stakeholders and decision makers also address their needs and interests. Advocating for one person does not mean advocating against others.

Whereas Box 10.6 focuses on oral skills, Box 10.7 identifies written advocacy skills. Representatives may use written advocacy in various situations: submitting an advo- cacy brief to be considered by a court, writing a letter to an agency on behalf of a client,

BOX 10.6 ADVOCATE AS REPRESENTATIVE: ORAL SKILLS

• Identifies own and mutual purposes of the meeting

• Isolates key issues to be decided

• seeks consensus on process and issues to be determined

• provides relevant and persuasive information

• Identifies information that needs to be produced

• Asks questions to raise consciousness or insights

• encourages positive expectations for the process

• facilitates linkages between people and resources

• Joins with others (using associational power)

• Identifies common values and entitlements (using moral power)

• Articulates specific needs and interests (firm on interests, flexible on positions and

means of addressing interests)

• separates people from the problem (including use of nonjudgmental language)

• generates creative options

• Identifies legitimate or objective criteria for evaluation

• uses clear and concise language

• Checks out assumptions

• uses visual aids or other presentation devices

• uses active listening to demonstrate empathic understanding and build trust: para-

phrase, summary, reflection of emotions, appropriate body language to show

attending

• Identifies specific commitments for self and others

• uses emotional appeals appropriately

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• Demonstrates respect for diversity and difference of opinion

• presents with confidence

• presents in an assertive manner (rather than passive or aggressive)

• uses creative strategies (indicate example: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )

• Keeps focus on agenda and most important issues

• Responds pre- emptively to another party’s argument (deals with an issue before the

other person even raises it)

• Narrows issues in dispute (if full agreement has not been reached yet)

• helps other parties save face or undo a commitment

• helps decision makers prioritize how to allocate scare resources (time, emotional

energy, and money)

• uses devices to change other parties’ expectations (e.g., reality- testing questions,

role reversals, metaphoric storytelling, considering hypothetical situations, visual-

ization, emphasizing recurrent themes)

• uses constructive confrontation (e.g., helps a party identify incongruency between

two pieces of information the party has given, or between a statement and the par-

ty’s behavior)

• Draws parties’ awareness to the cost of nonagreement

• uses flexibility, rigidity, tenacity, and patience for tactical purposes

• secures details for implementation of decisions, as well as monitoring, evaluation,

and follow- up (date, time, place, who is responsible)

BOX 10.7 ADVOCATE AS REPRESENTATIVE: WRITTEN SKILLS

• Writes clearly and concisely

• presents arguments in logical manner

• presents facts to support opinions

• uses nonjudgmental, collaborative language

• Clarifies the issues or problems

• states specific goals, objectives, and requests

• Appeals to concerns of the decision makers

• provides balanced evaluation of various options for solution (demonstrating under-

standing of the positions of various parties)

• suggests preferred options for solution

• highlights areas of mutual interest

• offers concrete plans for implementation, follow- up, and evaluation

• uses creative techniques to ensure that the written brief captures the interest of its

target audience (e.g., metaphors, vivid language, pictures, storytelling)

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petitioning social policy makers to institute policy or law reform, using online social media to gather support for a cause, or presenting information to support a colleague in a profes- sional misconduct review process. One advantage of written advocacy is that it provides advocates with time to consider what they want to say and how to say it. Advocates may also ask colleagues to review the writing and provide feedback before it is submitted.

Regardless of whether advocates act as coaches or as representatives, they should incor- porate strategies that have empirical support for their effectiveness (Kirst- Ashman & Hull, 2015). One of the keys to successful advocacy is leadership. Leaders initiate advocacy organizations, establish organizational track records, and revitalize stagnant organizations. Advocates often operate with limited financial resources. Accordingly, they must find ways to use resources in a cost- effective manner. Many advocates depend on volunteers, dona- tions, and creative use of nonfinancial resources to advance their causes (e.g., by linking advocacy and service delivery activities). Working in coalitions with like- minded organiza- tions also contributes to effectiveness. In addition, advocates must balance organizational flexibility with consistency and continuity (Reisch, 1990). Finally, early intervention is generally more effective than later intervention (Hoefer, 2016). For instance, it is usually preferable to present a draft bill to help government develop legislation, rather than wait to comment on legislation that the government has already drafted and presented to the public. Effective advocates are proactive rather than reactive.

RHETORIC AND PERSUASION

Rhetoric refers to the purposeful use of language to persuade others (Del Gandio, 2008). The use of rhetoric in advocacy builds on social construction theory. The stories we tell and the language we use affect the way we understand the world, interpret particular phenomena, and create new realities. Opponents of abortion, for instance, often refer to themselves as “pro- life.” This sounds much more positive than identifying themselves as “anti- choice” or “con- abortion.” Similarly, legislation that imposes accountability on schools is called the “No Child Left Behind Act” rather than the “Students Must Take Comprehensive Exams Each Year Act.” Sometimes, advocates for each side send competing messages, clouding the issues for the public or other decision makers. For instance, a minority group may advocate for “equal rights” and opponents may argue that the group is advocating for “special rights.” Which term is more persuasive? That may depend on the strength of the message, as well as how well each side promotes its message.

Rhetoric may be used in virtually all advocacy activities, from informal conversations, to protest signs, to messages on Twitter or other social media, to press conferences, to tes- timony in court, to discussions in mediation (Del Gandio, 2008). When determining what messages to provide and how to frame them, it is important to take the context and audi- ence into consideration (Hoefer, 2016). When using jokes or metaphors, will the intended audience understand them as intended, or might they take offense? When using emotional appeals, will the audience feel they are being manipulated, or will they accept the appeals as genuine and appropriate?

Aristotle identified pathos as one of the primary ways to influence audiences (Weiss, 2015).8 Pathos refers to the use of passion to stir emotions. Thus, advocates may use vivid lan- guage and creative expressions to evoke awareness and empathy. “Suspending this child

8 The other two means of influencing audiences are ethos and logos, discussed later in this chapter.

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from soccer is like denying water to someone stranded in the desert.” In other instances, advocates exaggerate information to make a point. “More people die from guns than from car accidents, drugs, cancer, strokes, and heart attacks combined.” Although audiences may tolerate some level of exaggeration or embellishment, advocates can easily lose credibility if they provide inaccurate or intentionally misleading information.

Artistic or poetic language can be particularly influential and memorable. Dr. Martin Luther King Jr.’s “I Have a Dream” speech resonates decades after he was assassinated. This speech has inspired countless Americans to work toward a society where people will be judged “not by the color of their skin, but the content of their character.” In order to quell fears and promote confidence, President Franklin D. Roosevelt famously asserted, “We have nothing to fear but fear itself.” In contrast, President George W. Bush referred to North Korea, Iraq, and Iran as the “axis of evil” in order to instill fear and build support for pre- emptive military strikes against Iraq. Hope and fear can each be powerful motivators (Hoefer, 2016).

Stories help people relate to particular situations. Although scientists may question the validity or generalizability of an individual story, anecdotes bring issues down to a personal level that many people can relate to more effectively than a well- reasoned presentation of statistics. Anecdotes humanize social issues, connecting with people at an emotional level. Storytelling fits with pathos, helping people identify with the suffering experienced by one’s client or the misery that will arise if one’s cause is not properly addressed. “Imagine your grandchildren trying to cope with the rising seas. Although the current effects of global warming could be debated, we have a moral duty to take action now to protect our grand- children from being flooded out of their homes.”

Framing refers to describing a phenomenon in a particular manner in order to empha- size (or deemphasize) certain qualities or aspects of it. Thus, an advocate might explain, “This patient needs housing immediately,” highlighting the urgency of the client’s need. This framing is more likely to persuade than a more casual statement, “This patient would like help with housing.” Whereas “like” implies a mere wish, “need” suggests a basic require- ment, as well as a right to lifesaving resources. Some people refer to framing as “spinning” an issue, suggesting that framing is manipulative. Others might use a more positive frame, “advancing an important cause in an effective manner.”

Repetition can be used to reinforce rhetoric and to encourage audiences to accept a par- ticular frame (Lecheler, Keer, Schuck, & Hänggli, 2015). In the 1980s, there was a public service advertisement, “This is your brain on drugs.” It featured a man cracking an egg into a hot frying pan, equating the impact of drug use on the brain with frying an egg (and cuing the other meaning of “fried,” high on drugs). This vivid image itself was memorable; how- ever, the repeated use of this advertisement helped define how an entire generation framed this issue. Consider how politicians repeat mantras such as “Democrats are tax- and- spend liberals,” or “Republicans don’t care about women’s rights,” to persuade the electorate. Logically speaking, repeating a message does not make it true. Still, repetition may encour- age people to accept the message as true.

When someone uses a frame that goes against your cause, it may be helpful to decon- struct the frame and identify inaccuracies or assumptions. If a supervisor says, “Helping undocumented aliens is not within our agency mandate,” for instance, you could explore why the supervisor is using “agency mandate” to frame the issue. Although helping undocu- mented aliens is not within agency mandate, it could be a good thing to do from a moral or ethical perspective. You might then frame the issue as a question of compassion, justice, or professional responsibility. Consider the statement, “If this rape prevention program saves just one person, it will be worth it.” Yes, saving a person from rape is a very noble cause. However, the statement does not take costs into account and how money invested

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in one program could be used for another program that has the potential to prevent greater harm— or save more lives.

Rhetoric sometimes plays off cognitive distortions or biases, such as those described in Chapter 2. The scarcity ambiguity effect, for instance, suggests people prefer an option where the probability of success (or risk of failure) is known over options where the probabilities are not known (ChangingMinds.org, n.d.). Using this principle, a psychotherapist might suggest, “We should go with cognitive therapy because we know it has a 70 percent chance of success. We don’t know what the success rate is for narrative therapy.” To respond to this rhetoric, you might point out that the success rate for narrative therapy could be higher than 70 percent. The two of you could agree that it would be useful to have more informa- tion on the effectiveness of narrative therapy, rather than reject it out of hand. Instead of responding to rhetoric with your own rhetoric, you could engage the other person in a reasoned discussion of the issues, framed in a manner that both of you can accept as fair and reasonable.

Rhetorical questions are questions intended to convey a message rather than elicit a spe- cific answer. By framing a message as a question, the advocate invites others to think about an issue and how they might respond (Hoefer, 2016). An advocate might ask, “What are we going to do about overcrowding in our prisons?” and then pause. The question grabs attention and the pause provides time to think. The advocate may then provide an answer to the question, rather than expect the audience to answer. Be cautious about letting sar- casm creep into your rhetorical questions. “What kind of loser denies global warming?” is a rhetorical question that may capture attention; however, it also connotes disrespect and lack of professionalism.

The forgoing examples of rhetoric highlight the use of passionate, poetic, and creative language. Some people denounce rhetoric as misleading and manipulative. Although the underlying message of rhetoric is not always based on sound evidence and reasoning, it should be. As the following section on ethics suggests, helping professionals have duty to be honest and respectful. Misinformation and manipulation go against these duties. Aristotle suggests that logos— the use of logical reasoning— is one of the cornerstones of persua- sion (Weiss, 2015.) Logic requires the use of rational thinking, honestly assessing prob- lems from multiple perspectives, and using empirical research or other valid information to make reasoned decisions. Logic, passion, and creativity, are not mutually exclusive. They may be used in combination to enhance the persuasiveness of one’s rhetoric.

EMPL OYING POWER

Power, the relative capacity of parties to influence one another, plays a significant role in advocacy. As mentioned earlier, helping professionals often work on behalf of disadvantaged groups in society. To advance their con- cerns, helping professionals need to know how to affect the balance of power between individuals or groups involved in a conflict situation. Professionals familiar with systems and structural theories can use these theo- ries to assist their analysis of power and the reciprocal influences that individuals or systems have on one another (Kirst- Ashman & Hull, 2015). As Saul Alinsky noted in his seminal work, Rules for Radicals (1971), one’s capacity to influence is based on the perceptions of others. Thus, advocates may convey the appearance of power, regardless of whether they actually possess the underlying sources of power. Although power is often associated with competition, power may be used in a cooperative manner, pooling power for the benefit

When the power of love overcomes the

love of power, the world will know

peace. —Jimi Hendrix

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of a particular client or cause. This section provides a framework for analyzing power and intervening based on 10 sources of power: expertise, associations, possession of resources, control of procedures, legitimacy, sanctions, nuisance, habit, morality, and personal attri- butes (Lang, 2004; Schirch, 2013).

To illustrate how the various sources of power can be used, consider the following scenario:

Stella is a 12- year- old student with a learning disability. She has been going to a main- stream school. Although she takes regular classes, she also has a special education teacher who provides extra support. Because of budget cuts, the Conflictia School Board says she must be transferred to a school specifically designed for students with disabilities. The board says it can no longer afford to have special education instructors in all schools. Stella and her parents believe that a mainstream school is much better for Stella.

1. Expert Power

Expert power derives from having expertise or special knowledge. Expert power is sometimes called information power because expertise is based on possessing certain wisdom, knowl- edge, or data. Helping professionals can lend support to clients by providing information on their behalf or providing clients with access to information (Freire, 1994). Helping pro- fessionals can also ensure that decision makers have access to relevant, accurate informa- tion (Hill, 2013).

One of the key areas of knowledge required for advocacy is knowledge about agency policies, procedures, and structures. In the case example, an advocate could provide Stella’s family with information about the structure of the Conflictia School Board, how it makes decisions, and whether there are any avenues for appeal (e.g., administrative hearings or court challenges). Many bureaucracies are complicated systems with peculiar jargon and norms. Advocates who are familiar with these norms and jargon can act as interpreters for clients.

Advocates should be well versed in the rules governing any CR processes in which they or their clients are engaged. Advocates may use this knowledge to ensure adherence with the rules (Alinsky, 1971). Thus, if a school board member is not allowing Stella’s parents a fair time to speak, the advocate can remind the board of this rule and encourage compliance.

An advocate may also possess knowledge about the formal and informal power struc- tures: Who are the people who make the decisions, and what tends to influence their deci- sions? If the Conflictia School Board is accountable to the municipal council, an advocate may suggest that Stella’s family try to find an ally from this council. If there are upcoming elections for the school board, Stella’s family might be able to use the campaign to publicize their concerns.

Clients also need to know about the probable consequences of escalating issues. If Stella’s family decides to appeal the board’s decision, what are the potential benefits and risks? What are the chances they will succeed? What are the chances of retribution (e.g., teachers becoming harder on Stella as revenge for her family taking the case to an appeal)? Will Stella have to face the media? Decision tree analysis (see Appendix 1) can help the family view its alternatives and make informed choices. Advocates can provide access to government documents and other data sources (Kirst- Ashman & Hull, 2015). Unless fam- ily members have been educated about social research, it is unlikely they will know how to conduct a literature review on special education. An advocate can help locate empiri- cal research (Grinnell & Unrau, 2013) comparing students who are mainstreamed versus those who go to specialized schools.

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Advocates can teach clients advocacy strategies, tips, and tricks. For example, get every- thing in writing. Also, date your notes to improve their credibility (Barsky, 2012). If Stella’s family documents all interactions with the school and the school board, it can use these documents to support its case in future hearings. Advocates can also help clients recognize problems and suggest CR strategies for dealing with them. For example, board representa- tives may be using stalling tactics, not returning telephone calls or saying they do not have the authority to make decisions. An advocate informs the family that they can move up one level and speak to a supervisor rather than wait for a response (Nicol, 1997). Similarly, if board members use bluffs or other forms of deceit to secure a competitive advantage, the advocate can teach the family how to use questions to invite information sharing and coun- ter these tactics: “When you say that Stella can be denied educational support if she does not comply with your wishes, which laws are you applying?”

Helping professionals with research training can also use this expertise to assist with advocacy. When trying to persuade others, some people cite statistics based on question- able or nonexistent data. “Planned Parenthood uses 90 percent of its funding to perform abortions.” Advocates could ask how this data was collected, who collected it, and what research methods were used. Although research and statistics may be used to inform and inspire, they may also be used to misinform and confuse (Best, 2012). Helping profes- sionals can encourage decision makers and the public to be more critical users of research. Consider, for instance, a statement that “45 percent of people suffer from depression.” What questions were asked to determine this figure? How was depression defined? Is it referring to 45 percent of people at the present time, or at any point throughout their lives? With so much information available on the Internet and other media, it can be very difficult to determine which information is reliable and valid. Advocates do not need to accuse others of incompetent or dishonest use of research and statistics. Rather, they could ask questions about the statistics in a friendly, assertive manner. Ideally, the parties could work through the statistics jointly, rationally appraising the strengths and limitations of the research.

To enhance expert power, advocates should consider working in teams, making sure they have appropriate expertise within the team. For instance, one professional may be expert in psychological issues; another may be expert in social issues, use of digital technol- ogy, or coalition building. Advocacy tasks could be shared among group members accord- ing to their areas of expertise.

2. Associational Power

Associational power comes from having positive relationships with other people who have power. Also called referent power, social capital, or integrative power, associational power allows clients to combine resources, build alliances, strengthen communication, and gain moral influence.

One way to bring clients together is through rais- ing consciousness. Individual clients often feel alone in their problems and believe that their plight is caused by personal deficits. Advocates can help clients under- stand how various sociopolitical systems limit and devalue them. By working in concert, clients are in a better position to challenge existing power structures (Kirst- Ashman & Hull, 2015).

In Stella’s situation, an advocate could develop associational power by connecting fami- lies who share similar concerns. They can speak with a collective voice and share the cost burden of pursuing their cause. One of the downsides of a narrowly based interest group is

Change comes from power and power

comes from organization

—Saul Alinsky

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that the group may be seen as self- interested and biased. If the advocate can attract individu- als and families who do not have children with disabilities, then the group is less likely to appear self- interested. Drawing a larger coalition ensures that more people are included in its joint efforts or initiatives. When certain individuals or groups are excluded from a coalition, they may form other coalitions that compete for resources, positions, or favors.

Advocates can foster associational power by bringing specific individuals into the cause. Cultivating support from people with high profiles, special expertise, moral reputations, or other desirable characteristics helps raise awareness and lends credibility to an advocacy plan. Stella’s family would benefit, for instance, from associations with leading experts on special education who espouse mainstreaming.

Some advocacy groups connect with sports or entertainment celebrities to advance their causes. A celebrity spokesperson can be very influential, particularly among groups that identify with the celebrity. Unfortunately, associational power works in two directions. If a celebrity’s reputation falters, an association with the fallen star will have a negative impact on the advocacy group and its cause (consider the fluctuating reputations of Donald Trump, Paula Deen, and Dennis Rodman).

Advocacy within a group is generally safer than “going it alone.” Suppose one teacher speaks up in defense of Stella’s wish to remain in the school. In effect, he is going against the position of his employer. The school board might impose sanctions to keep teachers from opposing the board’s decisions. If several teachers band together in support of Stella, then it would be more difficult for the board to impose sanctions.

As the saying goes, “Sometimes, it’s not what you know, but who you know.” Research suggests that friends tend to have greater influence on people’s attitudes and beliefs than strangers (Sechrist & Milford- Szafran, 2011). Thus, when advocates are confronting rac- ism, homophobia, or other examples of bigotry, it may be useful enlist friends of those that they are trying to influence. When a lesbian comes out to her family, for instance, the fact they know and love her can have a profound impact on their attitudes toward lesbians. This form of relational advocacy may entail sharing stories of coming out, experiencing discrimi- nation, and being vulnerable. People may be more open to hearing these messages from family and friends because they touch them in a direct, meaningful way.

Another aspect of associational power is emotional support. If Stella’s parents have to testify at an administrative hearing, for instance, the experience could be daunting. An advocate can offer emotional support by being there for the clients, escorting them to the hearing, sitting through the hearing with them, and helping them debrief afterward (Barsky, 2012). This type of support provides clients with confidence and a sense of hope.

Associational power can be used for “power with” rather than “power over” another party. The power of two or more parties is integrated rather than used in a combative fash- ion (R . Fisher et al., 2011). In the previous examples of associational power, the advocate is making use of associational power to gain influence over the decision makers or other parties. To move toward a more collaborative approach, the advocate could facilitate a join- ing of power between the conflicting parties, and even with the decision makers. Instead of using power to gain favor over the others, they can form an association, combining power to pursue goals that meet all their interests (Schirch, 2013). Advocates may encourage partnerships among conflicting partners based on common interests or values (M. Martin, 2015). Even when people come from different backgrounds and positions, they can often find areas where it is mutually advantageous to join resources and work together.

Love is a very strong form of associational power (Conflict Research Consortium, 1998). When people develop loving relationships, love enhances many of their capacities, helping them feel better about themselves, supportive of one another, and motivated to do whatever is necessary to ensure that their loved ones are safe, healthy, and happy. Just

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think of the power shift that occurs when an adversary is transformed into a loved one, such as a close family or community member. If school board members get to know Stella as a person, an adorable young woman, they may develop a special bond with her and become more motivated to help her. Metaphorically, associational power is sometimes referred to as a “hug,” in contrast to sanction power (a “stick” used for force) and resource power (a “carrot” used for enticement) (Dugan, 2003).

Advocacy can be difficult work. Sometimes it is emotionally draining. Some tasks, such as filing forms or conducting a sit- in, can be boring. Advocates working with coalitions can help keep members motivated and energized through various tactics: assigning tasks based on interest and ability, using tactics that have an element of fun or enjoyment, and changing tactics periodically to keep everyone excited about their work (Alinsky, 1971). Thus, advo- cates could play music while group members are performing tedious tasks. When planning a sit- in, advocates can make arrangements for food, refreshments, and entertainment (e.g., storytelling or painting signs). Advocates can empower groups to initiate their own ideas to keep themselves energized. In addition, advocates can offer members credit and compli- ments, showing appreciation for their work and inviting feedback (Eichler, 2007). Each of these strategies builds a sense of team and enhances associational power.

3. Resource Power

Resource power stems from control over valuable assets, for example, money, materials, labor, or other goods and services. The inverse version of resource power is the ability to deny needed resources or to force others to expend them. In other words, resource power allows peo- ple to resolve conflict through an exchange of resources or through refusal to exchange resources. In many situations, resource power is a key area where clients are disadvantaged. If conflict is with a social agency, for instance, the agency is likely to have access to greater resources, both professional and monetary.

Advocates can assist clients, helping them secure assets from external sources. Clients may not know of social assistance benefits, legal aid funds, or other entitlements they can claim. In Stella’s situation, there may be a charitable foundation that could provide financial support for her cause. Lawyers, educators, or other helping professionals may be willing to donate their time (“pro bono” services). When resources are scarce, advocates should also explore creative ways to make better use of what they have.

A possible area of power imbalance concerns technology. People with more money and better education are more likely to have access to technology. In public policy, for example, interest groups use email, smartphone apps, and social networking to convey opinions to governmental decision makers (M. Martin, 2015). Other groups use websites to solicit memberships and fundraise for their causes (Libby, 2012). Advocates can relieve these types of inequities by promoting broader access to education and equipment in schools, libraries, and other public institutions. Advocates may also need to promote literacy pro- grams, because many technologies require higher rates of literacy for people to participate.

Another method of enhancing resource power is to assist with an exchange of resources. Clients may be lacking in some resources but flush with others. For instance, Stella’s family may not be able to afford private school, but they may have time to volunteer and support the parent- teacher association. Advocates can assist clients by helping them exchange cer- tain resources for ones they need. This may include helping clients find the best price and quality, teaching them negotiation skills, or working with the other party to ensure that the clients are treated fairly. Advocates can also help clients and others by expanding the size of the pie (R . Fisher et al., 2011). As noted in Chapter 6, parties can maximize the benefits or value of the resources they possess by using creative, interest- based negotiation.

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4. Procedure Power

Procedure power refers to control over the processes by which decisions are made. Procedure power is not the same as control over the decisions themselves. Consider various CR alter- natives: negotiation, mediation, administrative hearings, and court trials. In negotiation, the parties have control over the process as well as over the decisions to be made. They can decide to have informal meetings, formal meetings, long meetings, short meetings, and so on. If one party is more powerful than the other, it may be able to dictate some of the terms of the process. For example, the school board might insist that any discussions about Stella’s case take place at its offices. This gives the board “home field advantage.” By having the meeting in their offices, they have easier access to administrative support, technology, and so on. Stella’s parents may feel intimidated because they are not familiar with the surround- ings. The board might also say that Stella’s parents cannot bring a lawyer. An advocate could assist Stella’s parents by helping them negotiate a more equitable process: If the board can bring its professional advocates to the meeting, then Stella’s family should be able to bring theirs.

In mediation, mediators are in charge of the process and the clients control the deci- sions. As noted in Module III, mediators have an ethical obligation regarding impartiality. Accordingly, the process should not be biased toward one side or another. If there is an imbalance of power between the parties, the mediator could make use of power- balancing strategies.9 Essentially, the mediator could manipulate any of the 10 sources of power described in this section in order to redistribute power. For instance, if the problem were caused by an informational imbalance, the mediator could refer the less powerful party to an advocate who could ensure equal access to relevant information.

In an administrative hearing, the administrative board typically has control over both the process and the decision. To maintain its moral authority, the board should ensure that its process is fair and seen to be fair. The school board, for example, might have an appeals process that allows parents to make written submissions. Stella’s parents want an oppor- tunity to present their case at an oral hearing. An advocate could advance changes in the procedure by negotiating with the board or by advocating that the government establish mandatory regulations. If an administrative process is unfair, legal advocates could also explore the possibility of going to court to have the case reviewed.

In court hearings, judges have control over the process and the decisions.10 The gov- ernment establishes court procedures through legislation and regulations. The court has an obligation to ensure that the process is fair. Judges are less likely than administrative boards to have a stake in the outcome. If, however, a judge demonstrates bias or conducts the process contrary to the law, the decision can be appealed to a higher court. Only lawyers can represent clients in court. Nonlawyer advocates can provide support for clients; how- ever, providing legal advice or representing them in court generally constitute unauthorized practice of law.11 Clients and nonlawyer advocates typically have little control over the court

9 This raises the ethical issue concerning the appropriate role of a mediator when there is a power imbalance: Should the mediator balance power to ensure fairness or reject power balancing in order to remain impar- tial? Refer back to Module III for further discussion of this dilemma.

10 There is an exception for jury cases, in which the jury makes findings of fact (Barsky, 2012). 11 The helping professional could be fined, sued by an unsatisfied client, and risk his or her professional

accreditation.

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process. Advocates can level procedure power to some extent, however, by helping clients understand the court’s evidentiary rules and procedures (Barsky, 2012). For instance, cli- ents may gain credibility (power) in court by knowing what types of evidence are most per- suasive and how to address issues in a manner that judges consider to be relevant. Helping professionals may also obtain forensic training, providing them with specialized knowledge and skills— helping them become more persuasive as expert witnesses.

For legislative advocacy, advocates require an in- depth knowledge of legislative pro- cesses, including how bills are initiated, how legislation passes through committees, and how to gain access to legislators and their legislative aides (Libby, 2012). Advocates may help groups develop legislative advocacy briefs, one- to two- page documents that explain the nature of the issue, why it is important, how specific legislation can address the issue, and any impacts of the legislation on state or federal budgets. Coalition building, both within the legislative body and among the electorate, are particularly important to the suc- cess of legislative advocacy (Libby, 2012).

Advocates can help clients make informed choices about CR alternatives, as well as helping them negotiate processes that treat them more fairly (e.g., before participating in a facilitated community dialogue, advocate for certain ground rules such as everyone gets an equal opportunity to speak). Sometimes, the mere presence of a third party (such as a mediator or ombudsperson) helps balance power and ensures that a client is not coerced or mistreated (Nelson, Netting, Huber, & Borders, 2001). If legal issues are involved, then the advocate should refer the clients for legal advice.

5. Legitimate Power

Legitimate power derives from having an official position or authority, as from legislation or the policies of an organization. Aristotle referred to legitimate power as ethos,12 the ability to influence that arises from the person or group’s authority, credibility, or socially prescribed role (Weiss, 2015). The school board, for example, is mandated by state regulations to make decisions about how to use funds targeted for education. Teachers are authorized to disci- pline students who do not act in accordance with school policies. A broad range of helping professionals and government officials have these types of power over clients. For the most part, helping professionals try to limit their use of legitimate power. Even when a helping professional has the legal authority to impose decisions, codes of ethics dictate that cli- ents have a right to self- determination (e.g., National Association of Social Workers, 2008, Standard 1.02). Exploiting a client is not in the professional’s best interests. It is generally easier to work with clients on a voluntary basis than try to impose authority (see section 7, Nuisance Power).

Advocates could use legitimate power by ensuring that allies are placed in positions of power. If the current constitution of the school board, for instance, is not friendly to Stella’s case, the advocate could mobilize the community to elect more supportive school board members in the next election.

Advocates may be able to intervene at a peer level with other helping professionals or officials who are making inappropriate uses of their authority. Ideally, the issues can be resolved informally and collaboratively. If necessary, an advocate can bring a supervisor, administrator, mediator, or other professional to help resolve the conflict in a constructive manner. If the law or policy authorizing legitimate power is problematic, then the preferred focus of advocacy may be at the policy level.

12 The other persuasive devices identified by Aristotle are pathos and logos, described earlier.

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Within some organizations, only certain types of professionals are viewed as legitimate participants in decision- making processes. For those professionals who are recognized, each profession’s position on the organizational hierarchy may help or hurt its legitimate power as advocates. For medical decisions, for instance, nurses may not be recognized in the same manner as doctors. For legal decisions, social workers may not be recognized in the same manner as lawyers. And for mental health decisions, psychologists or other mental health professionals may not be recognized in the same manner as psychiatrists. To over- come such challenges, helping professionals may need to advocate first to be recognized as advocates and have a place at the decision- making table; only then can they have an effec- tive voice for the clients they serve (Dodd & Jansson, 2004). If they are recognized but hold a low place in the organizational hierarchy, they may need to rely on personal power or other sources to gain influence.

When acting as a representative or spokesperson, the advocate’s own legitimacy may be challenged. The other party may not want to deal with the advocate if the advocate is not formally recognized as the client’s representative (e.g., if the client has not signed a contract to authorize the advocate to act or if an agency specifies that only certain people can act as advocates). Advocates can enhance their own legitimacy by having education, credentials, and agency policies that support their formal role as advocates.13

Although advocates with formal legitimacy may be advantageous, advocates without formal legitimacy may also be useful. Consider international negotiations, often conducted by secretaries of state or diplomats appointed by government. When they reach agreements, their decisions are likely to be legally enforceable (they are acting according to the law). Sometimes, however, backchannel negotiations occur between representatives who do not have formal authority. Backchannel negotiations may be valuable when the parties refuse to speak directly with each other. Many countries, for instance, say they will not negotiate with terrorists. They may use backchannel negotiations, having others acting informally, but on their behalf.

Using legitimate power incorporates a rights- based approach to advocacy (see Chapter 5). When a conflict exists within an agency, an advocate can make sure the orga- nization is living up to its own rules, including fair treatment of clients or others. When working with minority groups or vulnerable populations that have been subjected to discrimination, advocates may need to rely on civil rights legislation, including state and federal constitutions and international human rights laws (M. Martin, 2015). Enforcing human rights can be time- consuming and expensive. Advocates could request support from large advocacy organizations (e.g., Amnesty International, American Civil Liberties Union, or Human Rights Campaign) to assert a client’s rights, including life, liberty, pri- vacy, and equality. Perhaps the ultimate method of confronting legitimate power is to target the laws or policies granting the power— in other words, working for legal or policy reform to alter the allocation of power in a manner that promotes fair treatment or social justice.

6. Sanction Power

Sanction power emanates from the ability (or perceived ability) to inflict harm or to interfere with a party’s ability to realize its interests. A typical sanctioning problem for clients occurs when an agency threatens to refuse services or impose other sanctions if the clients do not

13 Note that some advocates use their lack of legitimacy as a negotiation tactic. The advocate initially acts as if she has authority to act, but at a certain point in negotiations says, “I cannot commit to anything right now. I need to check with my client for permission.”

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acquiesce to the agency’s demands. For example, Stella’s parents might fear that teachers would sanction Stella if they escalate the conflict. Sanctions include imposing negative con- sequences (e.g., detention) or taking away resources or privileges (e.g., music or other fun classes).

When sanctions are legitimate, they are difficult to counteract. For example, if Stella becomes violent, then the school would have legal authority to suspend her. If the sanctions are illegitimate, then an advocate could counteract them by surfacing the issue. Consider, for instance, school officials who sanction Stella’s family by belittling them. Initially, the advocate could discuss the issue of inappropriate sanctions with the people trying to impose them. If informal negotiations are unsuccessful, then the advocate could raise the issue in a more public forum (e.g., with elected government officials or the media).

7. Nuisance Power

Nuisance power is based on the ability to cause discomfort to a party, falling short of the ability to apply direct sanctions. Nuisance power is often used by people who are at a disadvantage in terms of sanction and legitimate power. Clients who feel oppressed by agencies or other systems may rebel, using nuisance power without being conscious about it. Bureaucratic systems often respond more quickly to individuals who are causing them distress. “The squeaky wheel gets the grease.” Unfortunately, this teaches clients to use confrontational CR approaches rather than collaborative ones.

Advocates can help clients use nuisance power in a deliberate manner. Nuisance power is risky because it intensifies the conflict. The other party may respond by trying to re- impose its power or by escalating the conflict further (Conflict Research Consortium, 1998). If the board required Stella to go to a special school, she could rebel by misbehaving at the new school. The board might decide that it is easier or better for Stella to be returned to her old school, where she did not pose problems. Alternatively, it might decide to expel her.

Advocates should help clients assess the risks and benefits of using nuisance strategies. Generally, nuisance strategies should be used only after other strategies have been exhausted. Protests, strikes, sit- ins, and nonviolent civil disobedience are examples of nuisance strate- gies. Different types of nuisance strategies pose different levels of risk, for instance, non- cooperation may be less risky than acting up, because noncooperation is subtler. Stella’s family could invoke noncooperation by boycotting meetings or slowing down their process (Schirch, 2004). In contrast, Stella could act up by singing the national anthem at the start of each meeting. If board members try to stop her from singing, her family could raise the inference that they are unpatriotic or oppose American ideals such as freedom of expres- sion and justice for all. Alternatively, members of Stella’s family could initiate a fast in order to bring attention to their daughter’s plight. In addition to helping families consider the risk of negative consequences, advocates should help them consider ethical issues in relation to the use of nuisance strategies (discussed later).

Alinsky’s (1971) radical approach to advocacy encourages using tactics designed to create confusion, fear, and trepidation. Essentially, this approach influences people by dis- turbing their sense of comfort or normalcy. Opportunity for change arises when systems are out of balance and need to do something to re- establish equilibrium. Thus, chaining oneself to the governor’s desk or dressing like a chicken for a case conference raises atten- tion and motivates people to think or act differently. Sometimes, nuisance power needs be used over prolonged periods to produce sufficient discomfort to move people to change (Alinsky, 1971).

Alinksy also proposes the use of ridicule to invoke negative reactions. Using this tactic, a prisoner might use offensive names to call a guard. If the guard strikes the prisoner, the

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prisoner may use this incident to create a forum to voice other concerns about poor condi- tions and treatment in the prison. It is typically more effective to promote change based on threats of action rather than having to carry out the threat (Alinsky, 1971). For instance, employees may say they will go on strike unless certain conditions are met. The threat allows management to act early and pre- empt a strike. Both sides benefit by avoiding the strike. Still, those making the threat need to be prepared to act and to incur negative conse- quences that may result (e.g., being locked out by the employer). Some advocates reject the use of manipulation, dishonesty, and pressure, preferring to act with respect, honesty, and cooperation (Eichler, 2007).

Sometimes, nuisance strategies such as demonstrations and protests are used to kindle or inspire widespread social change. Consider, for instance, Rosa Parks’ refusal to surrender her bus seat in 1956. If Parks and the Montgomery, Alabama, bus company were referred to mediation, they might have resolved their immediate dispute privately and amicably. Unfortunately, the agreement would do little for other African Americans who were being subjected to the racist Jim Crow laws and other forms of discrimination. The protests and nonviolence that followed Parks’ arrest awoke the nation to the issue of racism and the needs for legal and social change.

Other examples of nonviolent actions using nuisance power include

• Spreading humorous but respectful messages through email or online social media to disturb the decision maker’s usual working pattern,

• Disrupting meetings, • Blocking entrance to meetings, • Speaking out of turn, and • Chanting slogans. (Emerson, Joose, Dukes, Willis, & Cowgill, 2015)

Although some people may view such actions as uncivil, participants can be trained to behave respectfully and peacefully. While they are causing a disruption, they are using nui- sance power in a moral manner.

8. Habitual Power

Habitual power rests on the premise that it is generally easier to maintain a particular arrange- ment or course of action than to change it. Decision makers may also be persuaded by argu- ments in favor of maintaining traditions, that is, “If it ain’t broke, don’t fix it.”

In Stella’s case, the status quo suggests that she should remain in her old school. An advocate could argue that it is unfair to disrupt her education and have her move to a new school. Alternatively, an advocate might persuade the school board to phase out special education in general schools, but allow students currently enrolled to complete their edu- cation (“grandparenting” or maintaining the status quo for a protected group of people).

Prolonging the status quo is a common tactic in positional negotiations. If Stella is in her old school while the decision about special schools is being considered, Stella’s family might want to prolong the decision- making process. The longer the process takes, the lon- ger the status quo is maintained and the more difficult it is to make changes. She might even graduate before the school board makes its final decision.

9. Moral Power

Moral power emanates from being associated with values or moral goods such as family, charity, freedom, privacy, fairness, integrity, and respect. Although morality is sometimes linked with

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religiosity, morality may stem from cultural values, humanitarianism, and other forms of spirituality (Schirch, 2013). To finesse moral power, advocates may present themselves, their clients, and their causes in a positive light. For instance, groups that support euthanasia use phrases such as “dying with dignity” rather than “death on demand,” allying themselves with the virtue of dignity. Stella’s parents could lay claim to values such as equality and respect. All they want is for their daughter to have the same friends and opportunities as everyone else’s child. Tagging one’s causes as fair, charitable, godly, and so on, does not necessarily mean that others will accept the morality of these causes. It is important to substantiate such rheto- ric with goals and actions that actually reflect the claimed morality. It is also useful to frame causes in relation to how your intended audience will perceive the cause as moral. Consider a decision maker who places high value on the authority of the church or another religious insti- tution. If an advocate were to promote personal autonomy over the value of religious authority, the decision maker is unlikely to be influenced by the advocate’s moral arguments.

One way to assert moral power is through the use of rights- based CR strategies (see Chapter 5). Advocates may assert moral power by demonstrating how their cause is sup- ported by rights enunciated in local, state, federal, or international laws (M. Martin, 2015). Simply quoting from a well- known law or declaration of human rights may be sufficient to anchor decision makers, stimulating memories about what is good or true. In a freedom of religion case, for instance, one might cite the first amendment of the U.S. Constitution, “Congress shall make no law respecting an establishment of religion …” Although this statement does not actually use the phrase “freedom of religion,” it evokes strong feelings about the goodness and truth of this cause.

Moral power can be used in a collaborative manner, for instance, by searching for the good in other people and building on shared values to address conflict. At its best, using moral power helps people make decisions based on shared values and interests, rather than competing positions. Unfortunately, appeals to morality often turn into positional bargain- ing. Each party claims moral superiority: “We stand for everything good. You stand for evil.” Once people assert their values, they tend to hold firm, not willing to compromise their val- ues or collaborate with the perceived enemy. Advocates may be able to intervene by helping the parties focus on common values.

Advocates can help decision makers and other stakeholders reverse their positions on moral issues through face- saving strategies. According to shame management theory, individuals experience shame when there is a conflict between their actions and their self- images (Oetzel & Ting- Toomey, 2013). Most people like to view themselves as honest, consistent, and good. If one lives according to a certain set of values, changing those values runs contrary to the self- images of honesty and consistency. In politics, candidates who change positions on a policy issue may be denigrated by being labeled as a “flip- flopper.” When Barack Obama was first elected President, he opposed civil recognition of same- sex marriage, preferring the concept of civil unions for gay and lesbian couples. When he decided to support same- sex marriage, consultants assisted him with language to save face. Thus, he noted how his thinking (and that of many fellow Americans) had evolved over time. Gay rights advocates helped him save face by commending him for his current views rather than chastising him for being a latecomer in supporting same- sex marriage. Instead of viewing people with different views as opponents, advocates can help clients and the public view them as potential allies. The goal then turns on helping these potential allies develop new views and understandings, while also maintaining their sense of integrity and consistency.

Some groups claim moral power by presenting themselves as victims. This may be effec- tive in gaining public sympathy and support. In fact, they may actually be victims (of oppres- sion, abuse, crime, etc.). Over time, however, victim mentality can be damaging. When people see themselves just as victims, they may not take responsibility for helping themselves.

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They operate on fear and mistrust. They refuse to consider constructive CR processes, even when safety and fairness can be ensured (Chetkow- Yanoov, 1997). Advocates can support such clients by validating their concerns but also by helping them build confidence and self- efficacy in their identities. When an advocate helps victims of violent crime view themselves as survivors, for instance, the advocate is also helping them take responsibility for moving on. The term survivor is also associated with moral goods, including courage and resilience.

Advocates can help disempowered groups gain moral power by encouraging them to act morally, for example, using nonviolence rather than violence to assert their concerns. If Stella’s parents slashed the tires of board members who opposed them, they would lose moral power. A nonviolent approach could include “monitoring issues,” such as keeping track of how the board members respond to their requests for fair treatment. By creating a record of any abusive behaviors and sharing this information with the public, Stella’s par- ents can demonstrate unfair treatment by the board and win public support for their con- cerns. To use this method effectively, they must be careful to shame the behaviors of the board, rather than shame the board members personally (Schirch, 2004).

Nonviolence does not mean being passive or acquiescent. Rather, it means acting in a manner that is courageous, direct, honest, friendly, civil, and respectful of all living creatures (Barash, 2014). Nonviolence is well- suited to confronting discrimination and oppression. Advocates can help clients and supporters by encouraging them to keep their anger, frustration, and other strong emotions focused on their just cause. The problem is the problem, not the people who have participated in the oppressive behaviors. W hen Mahatma Gandhi used nonviolence to promote social justice in South Africa and India, he noted that it is easy to love one’s friend, but it is also important to show love for one’s perceived enemy (Barash, 2014). By rejecting violence and confronting injustice with love and compassion, Gandhi’s approach allowed Britain to leave India in 1947, while main- taining respect and positive relations with India (Gregg, 2012). Nonviolence is based on the premise that all people have the capacity to do both good and evil. Nonviolence is designed to arouse the sparks of goodness, even when there has been a long history of oppression (Varma, 2012).

Strategies that advocates may use to promote nonviolent responses to injustice include

• raising consciousness of the nature of the oppression or injustice; • building a broad coalition of people who support the cause, instilling the belief that

change is possible and nonviolence is the preferred means to change; • cultivating nonviolent virtues among supporters, including patience, humility, honesty,

serenity, fearlessness, kindness, compassion, and self- control; • helping supporters identify which nonviolent strategies to use (e.g., boycotting, striking,

fasting, picketing, or openly defying a particular law as an act of civil disobedience); • coaching people on how to comport themselves in a sincere, respectful manner (includ-

ing their clothes, speech, eye contact, and body language); • alerting authorities, decision makers, or opponents about planned nonviolence actions

(being open and truthful rather than manipulative or secretive); • stating the truth and being ready to abide by the truth14 (e.g., rape survivors— who ini-

tially are too embarrassed to speak up— gain the moral fortitude to share their stories);

14 Gandhi referred to nonviolence as satyagraha, which translates as polite insistence on truth or holding people to the truth (Varma, 2012).

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• preparing supporters with strategies for responding nonviolently if police or oppo- nents respond with violence (e.g., lying down and accepting blows rather than fighting back); and

• inviting media, leaders, or other witnesses to particular events to ensure that the action (and any responses) are observed and reported accurately (Gregg, 2012; Varma, 2012).

Nonviolence makes use of moral power rather than physical power. By responding to oppression with patience, self- control, and conviction, oppressors and others gain compas- sion for the moral goodness of the nonviolent actors (Varma, 2012). Initially, oppressors may think the nonviolent actors are afraid, cowardly, or passive. Eventually, the oppres- sors lose their moral balance. They tune into the kindly and respectful responses of the actors. They lose their inner certainty about the rightfulness of their own role in the conflict (Gregg, 2012). Their anger dissipates as they gain empathy for the actors who have allowed themselves to suffer for their cause (Varma, 2012). Nonviolence works slowly and silently. It may take years. Prolonged hate and anger is exhausting, physically and mentally (Gregg, 2012). Eventually, oppressors reflect on their roles and question whether they can continue to act as oppressors. At this point, they may be ready to end the violence, reach out, and engage in collaborative CR .

Having good ends (or goals) does not justify the use of violent means. Nonviolence is based on the premise that one cannot remedy evil by having ill will toward the oppressor. One cannot put out a fire by using fire (Varma, 2012). Nonviolence presents the startling notion that violent conflict can be resolved in a calm, friendly manner (Varma, 2012). Accepting blows and maintaining self- control requires a high level of self- discipline and control. Thus, it is impor- tant for advocates to prepare actors with sufficient self- awareness so they act deliberately, not simply reacting from fear or anger. Advocates can nurture self- discipline through mindful- ness training (see Chapter 1). They can also cultivate the virtues of truth, love, and justice by

• having supporters live together, sharing manual jobs and communal responsibilities in an egalitarian, respectful manner;

• engaging supporters in group activities such as prayer, singing, dancing, and other rituals that promote a shared consciousness; and

• encouraging a sense of joy, spontaneity, humor, and creativity (Gregg, 2012).

Although nonviolent actors are expected to respond to violence with humility, patience, kindness, and moral fortitude, they are not expected to be saints (Varma, 2012). Nobody is perfect. Gandhi, King, Mother Teresa, and other icons of nonviolence have each pro- claimed their own lapses in judgment and behavior. The point is not to be perfect, but to strive for the ideals of truth, love, and justice. Moral power arises from being human and acting with good intent.

10. Personal Power

Personal power15 refers to attributes that make others feel attracted to or connected with you. Characteristics that contribute to a client’s personal power include self- assurance, charisma,

15 Personal power is also called referent power.

Love the hell out of them.

—U.S. Congressman John Lewis

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determination, endurance, and the ability to articulate one’s thoughts and understand one’s situation (Mayer, 1987). Some aspects of personal power come naturally, for instance, height and physical attractiveness. Other aspects of personal power can be nurtured and learned. Advocates can help clients raise their level of personal power, for instance, by teaching them advocacy skills (e.g., active listening, assertiveness, and other skills listed in Box 10.1). In the case example, an advocate might help Stella’s family gain comfort using political processes and speaking in public forums. If they have low tolerance for conflict, an advocate can teach them strategies for dealing with it more effectively. If their speaking styles are dull or unconvincing, the advocate can teach them how to use speaking devices such as alliteration, rhetorical questions, metaphors, visual imagery, recurrent themes, and dilemmas (Lens, 2005).

Because people tend to trust others who are perceived as similar (Hoefer, 2016), advo- cates can help clients present themselves in a manner that emphasizes similarities. In the same- sex marriage movement, for instance, advocates focused on similarities between gays and heterosexuals. Both value marriage as a relationship based in love and mutual support. For the purposes of advocacy, differences were de- emphasized or understated. Advocates also used videos, photos, and social media to present positive images of same- sex couples with children.

Personal power is associated with likeability. Thus, advocates can coach clients on how to present themselves in a manner that is honest, respectful, and friendly (Hoefer, 2016). Advocates may also present themselves in likeable manners. To some extent, likeability depends on the audience that one wishes to persuade. While humor or informality may be preferred by some, others may prefer more serious, professional presentations. Just as beauty is in the eye of the beholder, personal power is also dependent on the perceptions of the intended audience.

* * * * * Power issues are pervasive in CR . As the forgoing discussion indicates, there are a number of ways in which advocates can use power bases to advance the interests of clients and other causes. This does not mean, however, that advocates must rely on positional and competi- tive strategies for CR . As an advocate, one should “be a pilot light, not a firecracker” (U.S. Congressman John Lewis, National Public Radio, On Being, January 17, 2015). While a firecracker focuses attention for a brief, exhilarating moment, a pilot light gives people inspiration and support over the long term. Wherever possible, advocates should promote collaborative strategies. By doing so, they can foster win- win solutions, improved relation- ships, mutual understanding, client empowerment, and solutions with lasting impact. Using the least force necessary to achieve advocacy objectives also minimizes unwanted counterforces (Kumari & Brooks, 2004).

ETHICAL ISSUES

While ethical issues are pervasive in advocacy (Menkel- Meadow & Wheeler, 2004), there is no single code of ethics or set of practice standards that applies to all advocates. Advocacy is covered, to various extents, in the codes of ethics of other professions, including coach- ing (International Coach Federation, 2015), social work (National Association of Social Workers, 2008), and law (American Bar Association, 2013). The following sections delve into six key ethical issues that advocates need to consider: legal and professional restric- tions, agency mandate, individual versus group interests, client authorization, professional values, and futile causes. For specific guidance, helping professionals should consult the code of ethics that applies to their own professions.

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1. Legal and Professional Restrictions

Helping professionals have an ethical obligation to advocate for the needs and wishes of their clients, as well as for causes that affect the well- being of the people they service (e.g., health, mental health, social and economic justice, or community safety). Although many codes of ethics provide broad scope regarding the issues that helping professionals may pursue, their advocacy role is also subject to many legal and ethical restrictions. For example, defamation laws limit what one can say about another person in a public forum. In the heat of advocacy, helping professionals might be tempted to discredit another person with verbal or written attacks. If the information is untrue and causes the person harm (including harm to personal or professional reputation), the helping professional could be sued for damages. Similarly, some jurisdictions have hate crime laws that prohibit promoting hate against a particular group. An overzealous advocate should be careful not to cross the bounds of rhetoric and incite people to commit hate crimes (e.g., an advocate who opposes citizenship for “illegal aliens” making statements that provoke hate crimes against Latinos or Muslims).

Helping professionals have ethical responsibilities to act honestly and with integrity (Featherstone & Fraser, 2012). This means that advocates may not use any means necessary, regardless of how worthy the goal or cause they are advocating (American Bar Association, 2013). Although a client’s primary commitment may be to serve the needs and wishes of a particular client, advocates may also have ethical obligations to society, including vulnera- ble populations. Under the laws of many states, for instance, nurses, teachers, psychologists, and many other helping professionals have a legal duty to report suspicions of child abuse or neglect. Thus, even when parents instruct an advocate not to report them to child protec- tion authorities, the advocate has a duty to make the report (Featherstone & Fraser, 2012).

2. Agency Mandate, Policies, and Resources

Advocates who work in an agency context may be limited by the mandate, policies, and resources of their agencies. If an agency is designated as a nonprofit charitable organization16 for tax purposes, that agency may be prohibited from participating in partisan politics and cer- tain types of legislative advocacy (Libby, 2012). Likewise, many agencies that receive govern- ment funding have restrictions on whether and how they can criticize government policies or services. Advocates who act on their own behalf may have more latitude than advocates who act on behalf of the agency. Still, it may be difficult for a helping professional to take a stand as a personal citizen when that person also works as a professional for a public agency.

Ethical dilemmas for advocates frequently arise when a conflict surfaces between the inter- ests of the agency and the interests of the client (Dolgoff et al., 2012). Although many helping professionals would like to give precedence to the interests of their clients, this may put them at risk of dismissal or other sanctions from their agencies. By using collaborative CR approaches, advocates may be able to avoid ethical dilemmas (Barsky, 2010). In other words, by focusing on the mutual interests of the client and agency, an advocate may not have to choose between them.

Helping professionals have an ethical duty to be diligent stewards of the resources of their agencies (National Association of Social Workers, 2008, Standard 3.09(g)). In

16 Nonprofit charitable organizations designated as 501(c)(3) organizations are allowed to advocate for particular causes; however, there are restrictions such as prohibitions against advocating for a particular politician to be elected. Nonprofits may participate in some lobbying activities with respect to particular legislation, subject to restrictions based on the amount of expenditures that the organization spends on lobbying. Advocates acting as lobbyists must also report their activities according to relevant state or fed- eral laws (Libby, 2012).

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other words, they should use their time, money, and facilities in a cost- effective manner, pursuing goals and causes that relate to the agency’s mission and mandate. Consider a probation officer who wants to advocate for a new restorative justice program. The pro- bation officer should consider whether and how the program fits with the mandate of the corrections department, as well as whether her time and efforts to advocate for this program are worthwhile investments. Although advocates do not require certainty of success, they should consider the feasibility of their advocacy goals and efforts (Hoefer, 2016). They should also consider whether they have the necessary skills and resources to be successful.

3. Individual versus Group Interests

Another ethical issue arises when advocating for one client takes away resources from another person or group (Beauchamp & Childress, 2012). How should advocates priori- tize? Consider, for instance, whether a public health nurse should advocate for an elderly patient who wants a home care aide to help her with bathing, or whether the nurse should advocate for an elderly patient who wants a home care aide to assist with changing ban- dages on a wound that is not healing properly. Unfortunately, codes of ethics give little guidance. If the only obligation of helping professionals is to pursue their clients’ best interests, then helping professionals may be depriving others who may be more needy or deserving. If helping professionals do not act as staunch advocates for their clients, then to whom can clients look for support? Once again, helping professionals can use CR pro- cesses to work toward win- win solutions. In some situations, consensus may be possible. If not, at least the parties can analyze the issues and develop mutual understanding of one another’s positions.

As noted earlier, advocacy can be directed at different levels: to produce change for a specific client or to produce change for broader causes. This may present professionals with a number of difficult choices:

• Advocating for an individual client is generally faster and less expensive than trying to advocate for broader change— at least in the short run. However, if resources are continu- ously used for individual clients, then how will broader change ever occur?

• How does a helping professional determine how to advocate when an agency is man- dated to act on behalf of specific clients, but the professional’s code of ethics obliges the professional to advocate for broader social change?

• Does a client have a right to advocacy, even when the client’s wishes contravene values or causes that the agency and helping professional represent?

Advocates may be able to address some of these ethical conflicts by reflecting on their pro- fessional roles. If an advocate is designated as an advocate for a particular client, then the advocate’s primary role is to advocate for that client. Another person could be designated as an advocate for other clients— or for society’s needs (e.g., public health and safety). Ideally, the advocates work together to develop solutions that meet everyone’s needs and interests. In situations where win- win solutions are not possible, the presence of advocates for each of the stakeholders can still ensure that the decision- making processes are fair.

4. Client Authorization: Informed Consent and Confidentiality

Before professionals advocate on behalf of clients, they should ascertain the clients’ informed consent to act on their behalf (Drage, 2012). In other words, advocates should

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explain the nature of the proposed advocacy plan, including its benefits and risks, so clients gain sufficient understanding to make a free and informed decision about whether to pro- ceed with the plan. The first step in informed consent process is gaining an understanding the clients want and expect of their advocate. As a client and advocate develop an advocacy plan, it should include the goals and objectives of the plan, the strategies to be used, and the actions expected of the clients and the advocate. When developing an advocacy plan, the advocate and client may have different ideas about each of these components (Hoefer, 2016). For instance, a client’s goal may be to get a therapist fired, whereas the advocate’s preferred goal may be to help the client gain compensation or help the client gain access to services. The advocate may use negotiation skills, as described in Module II, to try to reach consensus on how to proceed. Although advocates should respect the client’s right to self- determination, the contracting process may include frank discussions of what the client wants, what types of help the advocate is permitted to provide, and which strategies are most likely to be successful.

I realize that you are angry with the therapist and want her fired. Let’s also talk about your underlying concerns. This discussion will help us determine which goals are most important and which goals are most feasible.

Unfortunately, some professionals advocate for clients without gaining explicit con- sent to do so. Although the professional may be well meaning, advocacy engenders many risks: costs in time and other resources, potential backlash, and the chance that advocacy will not bring about the expected changes. If a client is not properly informed or the profes- sional does not have the client’s consent, then the professional may be putting the client, the professional, and the agency at undue risk. When clients have not provided informed consent, advocates may also be breaching client confidentiality by speaking with others without client authorization.

So, what happens if a client wants you to advocate but refuses consent to have his name or identity disclosed as part of the advocacy? You and the client will need to deter- mine whether this type of advocacy is feasible. Consider a client who complains that a therapist is incompetent. The client wants you to initiate a formal complaint, but does not want you to disclose the source of the grievance. You might discuss why the client is reluctant to have his identity disclosed. If there is fear of backlash, for instance, could steps be taken to protect the client? If you decide to issue the grievance, will the grievance be accepted? Some agencies and regulatory bodies require grievances to be filed by people with firsthand information. Others may allow grievances to be filed, but it may be difficult to prove an allegation without the client’s firsthand testimony and active participation in the process.

Advocates should be aware of issues related to the mental capacity of certain clients to consent, including young children and people with significant cognitive impairments (G. Corey et al., 2015). When clients lack decision- making capacity, advocates should request consent from a parent, guardian, or other legally recognized representative.

Authorization for cause advocacy can be even trickier than consent for individual advocacy. Ideally, the professional seeks informed consent from all people in the affected group or community. If members of the community or group have disparate views on how the advocate should proceed, then the advocate may need to use mediative skills to bring the group to consensus (as per the gun prohibition case in Module III). Often, helping professionals derive authority to advocate for a certain cause from the agency or organization that pays the professional. Because they are advocating for a broad, systemic change, they may not require consent of a particular client (Drage, 2012). Advocates

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could obtain written authority from the agency to pursue particular causes, protecting them against the possibility of future allegations that they were acting without agency authority.

When pursuing cause advocacy, advocates may want to use the stories and concerns of their clients to influence the decision makers. Advocates should obtain client consent to use their stories. In some situations, it may be possible to share stories without disclosing client identities. In other situations, disclosing client identities could add credibility and strengthen the case. Still, advocates should pay heed to client concerns, including their vul- nerability should their identities be made public.

Clients may be vulnerable to various types of backlash in response to advocacy efforts. Consider an advocate planning to support gay rights in Russia. Merely being associated with a gay rights support group could attract legal action. Article 6.21 of the Code of the Russian Federation on Administrative Offenses makes it illegal to spread “propaganda of nontraditional sexual relations among minors” (School of Russian and Asian Studies, 2013), a ban that is broad enough to include various types of parades, protests, or stories in media in support of gay rights. Advocacy efforts could also provoke gay bashing and other reprisals from opponents. Some advocates have resorted to “advocating from the closet” (anonymously); however, people may still be at grave risk should their identities become known. Within certain companies and organizations, whistle- blowers and other advocates may have legal protection against retribution (National Whistleblower Center, n.d.). Even with legal protection, however, clients or others may have legitimate concerns about ret- ribution for raising certain types of issues. Given these risks, it is essential that clients are truly informed of the possible consequences of the proposed advocacy plan before they are asked for their consent.

5. Professional Values

Advocates should develop mindfulness of their own values and priorities to ensure that they do not impose their values on clients (refer back to your values inventory from Chapter 1, Exercise 5). W hen the client’s and advocate’s values are consonant, the advo- cate can easily pursue the aims of the client. But what happens when their values clash? In fact, value conflicts between clients and advocates are quite common. Sometimes, the conflicts relate to methods of advocacy; for instance, a client wants the advocate to fight in a manner that inflames conflict, while the advocate values the peaceful resolution of conflict. Other times, the values conflict relates to differences over the goal of advo- cacy: A client asks an advocate to argue in favor of capital punishment, whereas the pro- fessional values the sanctity of life. W hen helping professionals do not feel right about their advocacy work, they should ask themselves the following questions: (a) W hy are they doing it? (b) Is their goal ethical? and (c) Are the means of attaining the goal also ethical? (See Menkel- Meadow & W heeler, 2004.) If an advocate determines that it would be inappropriate to advocate for a particular cause or in a particular manner, the advocate may need to use CR skills with the client to determine whether they can continue to work together. If the values conflict persists, the advocate may need to ter- minate work with the client. Termination gives the client an opportunity to look for another advocate who feels that he or she can advocate ethically and effectively for the client. Ethical decisions should not be made in isolation. Consulting with others allows professionals to explore various alternatives and hear how others might deal with dif- ficult decisions.

Advocates may face situations where there is a conflict between the values of benefi- cence (doing good) and integrity (honesty and full disclosure). In pursuit of a particular

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cause, some advocates might feel justified in embellishing information or intentionally providing misinformation. For instance, in order to have an opponent removed from a key legislative committee, an advocate could spread rumors about sexual misconduct committed by the opponent. The advocate might argue that this is a prosocial or altru- istic lie because the advocate is not personally benefiting, but rather, acting for the greater good of society (Levine & Schweitzer, 2014). In other words, the ends justif y the means. Some advocates might argue that being absolutely honest would put them at a critical disadvantage. “Other advocates exaggerate and tell little white lies.” From a deontological17 perspective, however, the ends do not justif y the means. Advocates should act with honesty and integrity, regardless of the consequences (Kant, 1964). If we say we are justified in being dishonest for what we believe is a good cause, then everyone else could say they are justified in being dishonest for causes they believe to be good. Further, when advocates get a reputation for dishonesty, they lose credibility for not only the current advocacy situation, but for future situations. Although veer- ing from the truth for a good cause may be tempting, advocates would be well advised to find strategies that are more consonant with the principles of integrity (Levine & Schweitzer, 2014). W hen advocates move from a power- based approach to an interest- based or transformative approach, they may be less tempted to lie.

6. Futile Causes

Some helping professionals question whether they should become involved in causes that seem overwhelming or futile. Too often, this excuse is an easy way out. One person can make a difference, even when the odds seem enormous. Consider the unidentified Beijing man in 1989 who stood before a row of tanks in Tiananmen Square (see https:// www.you- tube.com/ watch?v=YeFzeNAHEhU). The Chinese government brought in the military to quash prodemocracy demonstrations by the students. One young man, standing alone, stopped the progression of the tanks. In doing so, he captured the imagination and support of a world audience. Although the demonstrations were eventually stopped, his image lives on to inspire others.18

Consider a patient with late- stage cancer. Because of cognitive impairments, the patient’s adult son is responsible for making medical decisions. The physician advises the son that further treatment is futile. The son engages a patient advocate to persuade the physician to continue treatment. “My mother believes that life is sacrosanct. We should do whatever is possible to save her life.” So, what is the advocate’s role? The simple answer is to advocate on behalf of the patient, as instructed by the son. Each person in the system has a particu- lar role, so the advocate may advocate for further treatment, even though this goes against medical advice. Still, the advocate may work with the son to ensure that the son under- stands his mother’s situation, including treatment options and prognosis. The advocate

17 Deontology is the study of ethical duties. 18 When I raised this example in class, one student asked, “You’re telling us we have to put ourselves in front

of a line of tanks?” Perhaps. Can you think of a cause that is very dear to you? What would you be willing to risk in order to defend this cause?

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may also work with the medical team to consider creative options for solution. Although this medical facility believes the situation is futile, another medical facility may be willing to offer a new form of treatment that is still in early phases of research. One of the interesting aspects of advocacy practice is that conflict management may occur between advocate and client, as well as between the advocate and the people who are ultimately responsible for decision making.

* * * * * Advocacy can be very rewarding, particularly when advocates are able to bring about important changes for the benefit of particular clients or causes. As with other conflict management roles, success may also occur when the interests of all parties are satisfied, or when the parties experience a process marked by open communication, respect, and mutual empowerment. The impact of advocacy work may not be seen in the short term. Some changes, particularly at the level of public policy and law reform, may take years or generations to come to fruition. Not only do we stand on the shoulders of those who came before us: Future advocates may stand on our shoulders. Advocates should be mindful that lack of resolution does not mean lack of success. The way that advocates manage conflict may be just as important (or perhaps more important) than the immediate outcomes of their efforts.

KEY POINTS

• Advocates promote change in favor of particular clients or causes. They also promote better CR processes, reducing stress, improving relationships, and ensuring clients are treated well by others participating in the CR processes.

• Advocates who have positive relationships with decision makers are able to use col- laborative approaches to influence change; advocates with adversarial relationships may need to build a more constructive relationship before trying to influence decision makers.

• Selection of advocacy strategies depends on the nature of the problem, the client’s goals, the theoretical orientation of the helping professional, available resources, and the likeli- hood of success among various alternatives.

• Advocates may empower clients by offering them skills, knowledge, encouragement, resources, gentle guidance, coaching, and other support so they can negotiate more effec- tively on their own behalf.

• An advocate’s choice of strategies and skills depends on the forum for CR , for example, private negotiation, mediation, administrative hearing, debate, and public campaign.

• Advocates can enhance their rhetoric by using storytelling, creative language, positive framing, rhetorical questions, logic, and factual information.

• Advocates can use 10 sources of power to influence change: expertise, associations, pos- session of resources, control of procedures, legitimacy, sanctions, nuisance, habit, moral- ity, and personal attributes.

• Even when power- based strategies are required, advocates should use power in an ethical manner— avoiding violence, maintaining honesty and integrity, respecting the dignity and worth of all people, and being open to using collaborative approaches should the opportunity arise.

• Advocates need to be aware of potential ethical issues related to legal restrictions, agency policies, group versus individual interests, client authorization, value conflicts, and futile causes. Advocates should use critical thinking and CR to manage these issues in a con- structive manner.

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DISCUSSION QUESTIONS AND EXERCISES

1. OBLIGATIONS: Refer to the code of ethics of your professional association. What does it say about your professional obligation to advocate? Identify three specific health, mental health, social, education, or justice causes that you value as a helping professional.

2. ADVOCATES FOR HELPING PROFESSIONALS: This chapter has focused on helping professionals playing the role of advocates. Consider under what circum- stances might you as a helping professional need an advocate? Why might it be helpful to have another person act as your agent or advocate, rather than acting on your own behalf ?

3. ADVOCATES AND MEDIATORS: Compare and contrast the role of an advocate with the role of a mediator, psychologist, nurse, corrections officer, teacher, or other helping professional (Barsky, 1993).

4. LEVELS OF ADVOCACY: You work in a family counseling agency in a remote com- munity with a large indigenous population. About two- thirds of your clients suffer from depression. Eighty percent of your clients with depression are unemployed. One of your clients is suicidal. What are the advantages and disadvantages of advocating for clients individually versus advocating at a policy level? Which type of advocacy strat- egy would be most effective?

5. COACH OF THE YEAR: Identify someone you would identify as one of the best coaches you have had (e.g., for sports, music, acting, mediation, or some other personal or professional pursuit). What qualities did this person possess that made him or her a great coach? What is a core lesson that you could take from this coach if you were to assume a coaching role? How is a coach for sports or music similar to a coach for help- ing people with conflict situations?

6. CONFLICT ANALYSIS AND PLANNING: Assume a local government is consider- ing defunding a prekindergarten program as a measure to reduce government budget deficits. You have been hired by an community group representing an impoverished neighborhood to develop an advocacy plan to ensure that funding continues. Describe how would you approach analyzing the conflict and developing an advocacy plan. Consider what information you would gather, how you would gather it, and why it would be important to analyze this information. See Box 10.4.

7. POWER AND PROFESSORS: Review your notes for Role- Play 4.2— “Negotiating for Grades.” What power issues does this scenario raise? Having read this chapter, what would you do differently in the role of the student? How could you use different sources of power in an ethical and effective manner? What are the short- and long- term implications of using power- based strategies in this situation?

8. POWER ANALYSIS: Identify a client who could use assistance in advocating. Consider the sources of power identified in this chapter. W hat are your client’s strengths as a negotiator? W hat are your client’s limitations? As an advocate trying to help the client negotiate on the client’s own behalf, what types of interventions would you suggest?

9. VENUS/ MARS: What are the differences, if any, between the ways that men and women tend to approach advocacy? When dealing with conflicts between women and men, what is the relevance of power, patriarchy, and privilege (D. M. Kolb & Williams, 2003)?

10. ROLE REVERSAL: A role reversal is a method of observing a conflict from the other person’s perspective. It can be used to help you gain empathy with someone who has a different view, as well as how to advocate more effectively because you will have greater

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insight about what is behind the other person’s thoughts, feelings, and behaviors. Select one of the following issues that raises strong feelings for you: • euthanasia— right to die with dignity versus sanctity of life • immigration— path to citizenship versus returning “illegals” to their countries • mandatory prosecution of wife assault allegations • legalization of marijuana (or heroin) • sterilization of the mentally challenged • criteria justifying a declaration of war— pre- emptive strike, defense to an attack,

regime change and promotion of democracy, genocide With the help of at least one other person, identify and write down the following: a. What is my position on this issue? b. Why do I hold this position? What values, attitudes, or beliefs is this position

based on? c. What other points of view could one have on this issue? Select the point of view that is furthest (most polar) from your own preferred perspec- tive. Role- play a debate with another person in which you are defending the point of view that you have just identified as most polar to your own perspective. Debriefing : Which types of arguments were most effective in persuading you? Which types of arguments were most effective in persuading the person taking your original position? What were the three most important things you learned from this exercise?

11. ADVOCACY RELATIONSHIPS: The Society for the Protection of Fruits and Vegetables (SPFV) is concerned about violence toward nonanimal food products. People slice, dice, chomp, boil, and otherwise mutilate fruits and vegetables without concern for their feelings. SPFV is advocating for greater respect for fruits and veg- etables as living, benevolent sources of vitamins, protein, and fiber. Assume the role of an advocate for SPFV. Develop three advocacy strategies based on influencing three target groups: carnivores (who share a deep alliance with you), omnivores (who see you as a neutral), and herbivores (who view you as an adversary).

12. CULTURAL ACCOMMODATIONS: Assume you are working with a client, Xiao Xiao, who has been mistreated by another social agency in your city. They refused to provide services because her English was “not good enough” and they could not afford to pay for a translator. Xiao Xiao comes from an Eastern culture that values peace, harmony, and nonconflictual relationships. She does not want to confront the agency in order to assert her rights. You assess that a linear problem- solving approach to advocacy is inappropriate, because Xiao Xiao has more of a circular sense of time and structure. How would you adjust the intervention strategies in this chapter, if at all, in order to ensure that your approach respects the client’s culture?

13. ETHICAL ISSUES: Select one of the following situations. Analyze the ethical issues and suggest how you might try to resolve them. How would your approach differ if you adopted a CR approach versus a framework for ethical decision making from the literature (e.g., Barsky, 2010; G. Corey et al., 2015)?

a. One of your clients self- identifies as a neo- Nazi. She wants you to help her get into a social work program at a local college. Personally, you do not believe she is an appropriate candidate. Your job, however, is to help clients apply to school programs.

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b. A group of elderly clients asks you to help them advocate for a new recreation center for seniors. You do not believe that the center has much of a chance of succeeding. You would prefer to focus on more feasible advocacy projects.

c. A young man (17 years old) is suffering from lupus and has been denied social assis- tance because he has parents who are able to support him. The man does not have a good relationship with his parents and does not want to receive their support. There is an internal appeals procedure for social assistance; however, you would have to establish a new precedent. The stress of going through with the appeals procedures might take its toll on this client, already quite ill from lupus. He is unsure about how to proceed and seeks your advice as an advocate. You think it would make a great test case, but the likelihood of success is relatively low.

d. You work with an advocacy group that promotes the interests of women who have been abused by husbands or other intimate partners. During a public awareness campaign, one of your colleagues publishes information that grossly exaggerates the extent of abuse in the community. She also makes up fictitious stories about clients who have been abused. When you confront her, she says, “Exaggerating is necessary in order to make a point. Besides, it’s for a good cause.”

e. You are advocating for Conflictia Homes Coalition, a community group that wants the city to build affordable housing on a publicly owned vacant lot. During nego- tiations with city officials, you do not believe they have been forthright with you. They have withheld information, used scare tactics, and tried to intimidate you with vague threats about withdrawing funding from the agency that employs you. Although you cannot prove city officials have done anything illegal, you believe they have been soliciting bribes from a sleazy developer that wants to build an upscale shopping center on the lot. The community group you represent asks you to respond with “whatever it takes” to persuade the city to do the right thing. As a professional advocate, do you “treat others as you would have them treat you,” or can you justify “treating others as they have treated you”? As one community mem- ber put it, “If you’re being attacked by sharks, it does no good to offer your hand as a gesture of peace.”

14. RESEARCH AS ADVOCACY: You are working with a client who is claiming refugee status caused by emotional torture he suffered in his country of origin. He claims to have post- traumatic stress disorder as a result of threats to himself and family over a 3- year period. The tribunal hearing his case is skeptical about his claims. They ques- tion whether someone can be a victim of torture if there are no signs of physical abuse. Conduct a literature review to gather information that may be helpful in advocating for the client. Develop an advocacy brief that could be provided to the refugee tribunal.

15. INCIVILITY: Students are upset with Conflictia University for plans to increase tuition by 20 percent. They organize a group, Fair Tuition Co- op (FTC), to advocate for a freeze in tuition levels. To promote their cause they plan to “flame” university administrators, sending massive numbers of anonymous emails intended to insult and intimidate administrators into reversing their plans for tuition increases. FTC has hired you to help them in their mission. What are the perceived benefits of their plans? What are the potential pitfalls of their plans? If you were to help them design an advocacy plan that uses the principles of nonviolence, what would this plan look like? Identify specific nonviolence strategies and describe how they fit with the principles of nonvio- lence described earlier in this chapter.

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ROLE- PL AY 10.1: “ICE CREAM ALIENS”— ASSESSING DECISION MAKERS

This role- play allows you to practice assessing decision makers in order to determine what types of advocacy affect their decision making. The whole class takes part. Assign two peo- ple to role- play Aliens. The rest of the class will role- play Earthlings.

Chafe and Veej are from another planet, Huggendaz. Their supreme master, Benjer, has sent them to Earth to advocate for a certain type of ice cream. Chafe must advocate for chocolate ice cream; Veej must advocate for strawberry. These just happen to be their favor- ite flavors. To prepare for this exercise, Chafe and Veej will be sent out of the room. Each of them will write a list of reasons that they like their flavor of ice cream best. Their role is to advocate for their favorite type of ice cream, persuading as many Earthlings as possible to vote for their flavor. The ice cream with the fewer votes will be banished from Huggendaz forever. Chafe and Veej will have 13 minutes to do their advocating.

Confidential Facts for Both Chafe and Veej (Not to Be Read by Earthlings)

To prepare for this case, consider various ways of influencing the Earthlings. Try to assess how each person might be persuaded: Consider which groups of Earthlings view you as an ally, a neutral, or an adversary. Ensure that your tactics are appropriate for each of these groups. How can you win over people who view you as adversaries? Consider both ethical and unethical tactics. Have fun.

Confidential Facts for Earthlings (Not to Be Read by Aliens)

Each of you will only have certain ways of being persuaded:

• People with glasses are affected by emotional appeals. You view both Aliens as neutrals. • People with contact lenses are affected by rational appeals. You feel an alliance with Veej

and adversarial relations with Chafe. • People with neither glasses nor contact lenses are affected by humorous appeals and out-

right lies. You feel an alliance with Chafe and adversarial relations with Veej. • Females tend to be more persuaded by loud voices. • Males tend to be more persuaded by soft voices. • People with detached earlobes are persuaded by bribes (particularly subtle ones) • People with joined earlobes are turned off by bribes.

Check off the rules that affect you and try to remember them. Do not disclose them directly to either of the Aliens. Engage in normal conversation with the Aliens and cooperate with any of their questions. At the end of the exercise, role- players should vote according to the above rules.

Debriefing : The facilitator should ask each Alien the following questions: (a) Which people viewed you as allies? as neutrals? as adversaries? (b) How did you find out? (c) As an advocate, which skills or strategies worked well? (d) Which skills or strategies did not seem to work?

The facilitator should then ask each Earthling the following questions: (a) How did it feel to be a decision maker in this case? (b) Which specific skills or strategies influenced you the most?

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ROLE- PL AY 10.2: “CONVERSION THERAPY CONTROVERSY”— COACHING

Conflictia Family Services provides “conversion therapy,” a psychosocial intervention aimed at changing the sexual orientation of gays and lesbians. Loretta, a lesbian youth, and her guardian, George, have sought help from Anders to help them advocate for Conflictia Family Services to cease its use of conversion therapy. In this role- play, Anders will help Loretta and George assess the nature of the conflict, as well as their strengths and needs in advocating for their cause. Anders will help them develop an advocacy plan that includes specific advocacy goals, strategies, and types of help that Anders will provide. For further information on different sides of the conversion therapy issue, visit the websites of the Human Rights Campaign (http:// www.hrc.org) and the NARTH Institute (http:// www.narth.com). Assume that the laws of Conflictia do not ban conver- sion therapy.

Confidential Facts for Loretta and George

Loretta is a 16- year- old youth who was dragged by her parents to see a therapist at Conflictia Family Services to help her get rid of her homosexuality. Loretta feels the conver- sion therapy was not only ineffective, but also very hurtful. It made her think that there was something wrong with her. At one point in therapy, she became suicidal. She tried overdosing on pain medication and ended up in the psychiatric ward of the hospital. She refused to return to her parents’ home, so she was placed under the guardianship of George, a close family friend. George is very supportive of Loretta and also opposes con- version therapy. W hen meeting with Anders, they will ask him to help them close down Conflictia Family Services altogether and initiate criminal proceedings against them. They will express the need for help with understanding what processes are available to them and what they will need to prepare for these processes. They will demonstrate strengths in terms of their passion, their conviction, their knowledge of the issues, and the friends they have that will support them. They will ask Anders for legal advice and specific advocacy strategies. They are not asking Anders to represent them. They want Anders to coach them how to represent themselves. They are ready to attack Conflictia Family Services with any means necessary.

Confidential Facts for Anders

To prepare for this meeting, Anders should review Boxes 10.1 and 10.2. Anders should be prepared to help George and Loretta by listening to their concerns and by knowing what types of advocacy help that he can provide them. Anders should honor their right to self- determination, while also ensuring they know the potential risks and benefits of their actions. Anders has worked with Conflictia Family Services before, having referred many clients to their programs. Anders disapproves of conversion therapy. He would prefer to find a way to help the agency end its use of conversion therapy without hurting his relation- ships with any of its staff.

Debriefing : Which advocacy and coaching skills did Anders use most effectively? What ethical issues arose in this role- play? How would you resolve these ethical issues?

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ROLE- PL AY 10.3: “PERRY’S PAROLE”— ORAL AND WRITTEN SKILL DEVEL OPMENT

This role- play involves one person playing a therapist (Therma) and three people playing members of a parole board. The purpose is to provide the therapist with an opportunity to practice advocacy skills.

Therma is a therapist on contract with the Conflictia Justice Center. She has been work- ing with Perry, a 34- year- old man who was convicted of sexual assault of a minor. Perry is coming up for parole. Therma has been asked to prepare a report for the parole board. Therma believes that Perry now has a very low risk for re- offending, as he has developed insights and empathy regarding the impact of sexual abuse on children. He has consented to the use of drug therapy to control his sexual drive and wants to continue in counseling.

Confidential Facts for Therma

To prepare for the role- play:

1. Write a list of concerns and criteria that you believe the parole board will consider when they read your report.

2. Draft a report advocating for Perry’s parole— separate the facts from your expert opin- ions, address the concerns that you have identified in (1), and consider language that would be most persuasive. Use Box 10.7.

3. Consider how to handle information that may go against Perry’s application for parole. Do you present both sides of the issue?

4. Prepare how you will present your case as an advocate in front of the parole board.

When you role- play, you will be making submissions to the members of the parole board. One of them will facilitate the process. The board will be making a decision about whether to release Perry on parole and, if so, with what conditions.

Confidential Facts for Parole Board

Prior to the oral hearing, read the therapist’s advocacy brief. To prepare for the role- play, consider the following questions:

• What criteria will you use to make your decision about Perry’s parole? • What information do you need to make a decision based on these criteria? • Where will you obtain this information (aside from what the therapist provides)? • How important will the therapist’s information be? Why? • What types of strategies could the therapist use in order to make her submission to you

most persuasive? • What types of strategies would turn you off ?

During the role- play, your function will be to hear submissions. You will be in control of the process. You will have the task of making the decisions at the end of the process: Will Perry be released on parole? If so, under what conditions? Appoint one parole board member to facilitate the meeting. Review Box 10.6 and Box 10.7, so that you can give Therma feedback on her use of oral and written skills following the role- play.

Debriefing : What are the strengths of the written brief? What oral advocacy skills did the therapist demonstrate most effectively? What other strategies could an advocate use under similar circumstances?

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ROLE- PL AY 10.4: “WORKFARE CASE”— SKILL DEVEL OPMENT

The Right of Center (ROC) government of Conflictia has proposed a workfare program, in which people will be required to work in state- sponsored jobs in order to be eligible for welfare payments. The Left of Center (LOC) party opposes this proposal. The Somewhere in the Middle (SIM) party keeps flip- flopping on its position.

For this role- play, work in groups of three. One person will play an advocate who opposes the workfare proposal. The second person will role- play a member of one of the three parties (to be decided by your group). The third person will act as an observer, to provide feedback. During the interaction between the advocate and the party member, the advocate will try to develop a positive relationship with the party member and then try to influence the way the member votes in the upcoming vote on the workfare proposal. The advocate should identify three or four oral advocacy skills from Box 10.6 that the advocate wants to practice.

The position of LOCs who oppose workfare can be summarized as follows:

• Mothers on welfare are already working; they are raising children. • Many others on welfare are also working outside the home. They supplement their inad-

equate welfare payments by working “under the table.” However, they are not reporting their incomes to avoid being cut off welfare and health insurance benefits.

• It is callous to require welfare recipients to train for tedious jobs that do not offer career advancement or benefits (such as health insurance or vacations).

• These jobs pay so little that many would remain on welfare rolls even if they retained their jobs following the workfare program.

• Where good jobs are offered through workfare, employers are displacing regular salaried employees with a cheaper, “second- class” workforce.

• Previous work- training programs have not worked. • Governmental policy makers should quit “blaming the victim.” Instead, reform the ineq-

uitable education system; banish racism; pay a living wage; and provide decent housing, adequate nutrition, healthcare, and childcare.

• In terms of welfare reforms, substantially raise benefits and allow welfare mothers to choose whether they will work or not. Offer them incentives and opportunities to work (e.g., through subsidized day- care or job training for meaningful careers).

The position of ROC members who favor workfare can be summarized as follows:

• Work is inherently good. It is a core value of life in this society. • Most parents today, even those with young children, are in the labor force. • Welfare recipients act as a drain on the economy and are exploiting taxpayers who work. • Getting rid of people on welfare who exploit the system will allow the government to

reduce taxes and put more money in the hands of productive workers. • Benefits for the truly needy can be increased if those on workfare enter the productive

economy. • People who work have better self- esteem and will be more likely to find productive places

in the community than those who stay home collecting welfare. • Public sector jobs could be given to those on welfare. • If people cannot depend on welfare, they will be more likely to pull themselves up by the

bootstraps.

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Role- play for about 45 minutes. Divide the role- play into short segments, so you have ample opportunity to provide feedback at various stages the role- play.

Debriefing : What were the objectives of the advocate? What skills did the advocate use to work toward these objectives? Which skills did the advocate use most effectively? Identify an example of rhetoric used by the advocate. Deconstruct this language to identify whether it is based on certain assumptions or biases, and whether it has factual support.

MAJOR ASSIGNMENTS

The following four role- plays are designed to be conducted in class and can be used for the purposes of writing a major assignment (see the section in Chapter 6 on Major Assignments for instructions on how to prepare the written analysis). You can use these role- plays to practice both advocacy and facilitation skills and strategies.

For each role- play, everybody in the class will be assigned one of three types of roles: an advocate, a decision maker (on a panel with other decision makers), or an observer. All par- ties should read the common facts for the role- play. In addition, read the confidential facts for your specifically assigned role. One person in each role- play will also be designated to play the facilitator. The facilitator will choose the type of CR process to use for the meeting (e.g., debate, dialogue, mediation, town hall meeting, court trial, administrative hearing, or other process from Chapter 9). The facilitator should let all participants know the type of CR process in advance, so they can prepare. The facilitator can decide whether advocates should have input into the type of process or not.

Each role- play will last 45 to 70 minutes. You may also have preparatory meetings out- side class time. Allow a few minutes before each role- play for setting up, as well as 20 minutes after each role- play for debriefing and completing the feedback forms. During debriefing, the advocates will be asked to identify the key strategies they used and how effective they were. They may also explain why they did not use certain types of strategies (e.g., if their assigned role asked them to take a positional stance, then they may have chosen not to focus on interests). On agreement of the people in the role- play, you may video- record the assign- ment to help you with your written analysis of the role- play.

During the role- plays where you are not an advocate or a panel member, your job will be to observe the role- play and complete a feedback form for each of the people playing an advocacy role- play. Make photocopies of Box 10.5 and Box 10.6, and use these to provide detailed feedback to colleagues in your class.

Assignment 10A: Antidiscrimination Protest Case

The Coalition Against Ethnic Profiling (CAEP) has requested permission from the munici- pality of Conflictia to conduct an antiracism demonstration this Saturday. The date was chosen to commemorate the 2- year anniversary of a mass suicide in a detention center by a group of Muslim inmates who were being held on charges of conspiracy to commit ter- rorist acts. The coalition represents people of Muslim, Pakistani, and Arab backgrounds who believe they have been the target of governmental and police discrimination. Since the September 11, 2001, attacks on the U.S. Pentagon and World Trade Center, more than 1,200 people have been charged and held on the premise that they had ties to Al Qaeda or other terrorist organizations. The coalition believes that most of these people have been held merely because of their ethnic or religious background. They believe they have been made scapegoats for Conflictia’s war on terrorism.

Many government officials do not want the proposed protest to take place. Although they recognize that peaceful protest is a right within a free and democratic society, they

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believe the proposed protest will become violent. In fact, it might become a magnet for hooligans or even actual terrorists. They also believe that the protestors will make the job of homeland security more difficult. If law enforcement officials are not permitted to detain people suspected of terrorist affiliations, this will increase chances of another terrorist strike. They are also concerned that CAEP itself has terrorist ties.

Other officials support the protest, noting that freedom of association and freedom of expression are guaranteed in the Conflictia Declaration of Rights and Freedoms. They con- tend that other cities have had demonstrations concerning the war on terrorism and they did not become violent. In fact, trying to stop the demonstration might actually provoke violence. They downplay some of the violence that erupted during protests in other cities, including Quebec City, Buenos Aires, Madrid, and London. They believe Conflictian citi- zens have been well educated in means of peaceful CR .

In an effort to involve the community in the decision- making process, the municipality has invited the following people to participate in a closed meeting:

• Collette, a representative of the CAEP, who is requesting the demonstration • Stonewall, a store owner, on the proposed route of the demonstration • Sgt. Pilar Polgat, a representative of the police force • Arabella, the president of a student run antiracism group from Conflictia University • Socrates, a social worker who works in an agency that serves immigrants and refugees

from the Middle East

The panel conducting the hearing will consist of Miranda (the mayor and facilitator), Miguel, Mavis, Martin, and Maya (municipal councilors). They have decision- making authority over whether to grant a permit for a public demonstration.

This group has been brought together for a 45- minute meeting. Its task is to make rec- ommendations to the municipality about what it should do in response to the coalition’s request for a demonstration permit. No one knows for sure what consequences will result, whether or not a permit is granted.

Confidential Facts for Collette You would like to see the demonstration go ahead, subject to approval of the municipality. Many members of your coalition, however, may proceed with the demonstration regardless of whether it is approved. You are CAEP’s spokesperson, although you do not have a lot of influence over them. CAEP represents a variety of interests and does not agree about how best to proceed with their “antiracist” agenda. Moving the protest to a less commercial or less trafficked area is not a good solution for you. You want high visibility. Association power and moral power are your friends. Furthermore, people will only start to listen to your con- cerns if you cause them some discomfort. You are particularly offended by those who equate all Arabs, Muslims, or Pakistanis with terrorists. You self- identify as an American Muslim, and you know firsthand the fear that your coalition members have regarding racial profiling and police harassment. As you prepare for this case, consider interest- based approaches to advocacy.

Confidential Facts for Stonewall You believe that having the demonstration would be a big mistake. You do not agree that racial profiling is a big issue, particularly when you are trying to stop terrorism that is committed by a particular ethno- religious group. Still, you are unsure about how people would react to your saying so. You are mostly concerned about the loss of business and the potential risk to your property if the demonstration goes ahead. Saturday is your best

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day for sales. A protest would keep shoppers away— particularly Connie’s group from the Conflictia Seniors Center (see Module III), who hold their self- defense classes at your store on Saturdays. Your store sells antiques, including knives and swords that you have collected from around the world. You are very concerned that protesters might loot your store to use these as weapons. You have spoken to people in Buenos Aires, London, and Quebec about riots they have had. Even well- planned demonstrations can spark fires. Other businesses on the demonstration route share your concerns. As you prepare for this case, consider the use of rhetoric as described earlier in this chapter.

Confidential Facts for Sgt. Polgat You have a lot of experience working with people from the Middle East and Pakistan. You can empathize with their concerns. Even though you do not like to discriminate against any group, you understand that racial profiling is a necessary tool for keeping the coun- try safe from terrorism. You believe that CAEP has good intentions— to raise awareness of racism issues— but you do not believe the cost of policing a demonstration is justified. Demonstrations in public places can put the interests of a few above the interests of the majority. People have a right to freedom of expression, but they do not have the right to inconvenience others, particularly at the expense of taxpayers. A demonstration would require retaining extra police for a Saturday, paying overtime, and putting the riot squad on alert. If there is a riot, it is your head that is put on the line.

Confidential Facts for Arabella You are not an Arab, Muslim, or Pakistani, so you have not directly experienced their concerns about racism and police treatment. You have been working with these groups in your antiracism work, so you are aware of many incidents where people have been thrown in jail or detention centers for no cause. This issue has torn many families apart, some fearing that perhaps a family member does have terrorist ties. You have a large student group, “Muslim Lives Matter,” behind you. You have also started to prepare for the demonstration in conjunction with CAEP. You have lined up a number of celebrity speakers, including Sasha Lizte (leader of the LOCs) and a speaker who has ties with the Muslim Brotherhood. The local newspapers and radio stations have also received copy to promote the demonstration. If the protest is blocked, considerable time and effort will have gone for naught. As you consider preparations for this protest, reflect on the prin- ciples of nonviolence described earlier in this chapter. Alinsky’s Rules for Radicals (1971) is one of your favorite books.

Confidential Facts for Socrates As someone who works in an agency that serves immigrants and refugees from the Middle East, you have been helping many clients and families deal with issues related to racial pro- filing and anti- Muslim violence. Even families that have had no arrests have experienced stress and fear. Many have experienced taunts and threats from neighbors and coworkers, telling them to go home where they belong. Some of your clients have lost jobs because they were arrested on charges related to terrorism. Even when they were cleared of criminal charges, they were not rehired. You believe that the demonstration would be a great way to raise the awareness of the plight of Arabs, Muslims, and Pakistanis in Conflictia. You believe that racial profiling is discriminatory and does not make the country safer. You feel the pro- test will help sway the public to put pressure on the government to use alternate strategies to fight terrorism.

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Confidential Facts for Committee Members— Miranda (the Mayor and Facilitator), Miguel, Mavis, Martin, and Maya (Municipal Councilors) Try to put yourselves in the roles of mayor and municipal councilors. Jot down your con- cerns, questions, and biases. During the role- play, try to be sensitive to the types of argu- ments, rhetoric, and strategies that would persuade you. Remember, an election approaches next year. Miranda will facilitate the meeting. She will choose the type of format to use. One possibility would be to open the meeting as if it were a town hall meeting. After about 20 minutes, try switching to an interest- based mediation process.

Assignment 10B: To Hold or Not to Hold

Conflictia Youth Services operates three group homes for children with emotional distur- bances. The ages of the children range from 7 to 16 years old. The Office of the Ombud in Conflictia has recently received complaints from three children in the group homes. Each stemmed around a different incident in which group home staff used physical force to restrain and discipline children. The Office of the Ombud has initiated a CR process in which it will hear from all interested parties before rendering its recommendations. Ideally, the parties will reach consensus on how to proceed. At present, consensus does not seem possible.

The current policy of the group homes allows staff to physically restrain children who pose a risk to themselves, others, or property. Three or four staff members hold down a child who is acting out. Both arms and legs are restrained in order to ensure that the child is safe. Agency staff say that “holdings” are a therapeutic intervention, providing the child with structure, boundaries, and a sense of being cared for (similar to a hug from a par- ent). Staff members are not permitted to strap, hit, or otherwise discipline children with physical force.

This role- play involves five advocates:

• Chet, a child advocate who opposes the use of holdings in group homes • Urania, a union steward who represents the group home staff • Amelia, the administrator of the group homes • Dr. Parker, a psychologist who is advocating for a group of parents whose children have

laid complaints against the group homes • Matilda, the distraught mother of a child who was injured by another child in the

group home

The Office of the Ombud has appointed five people to hear the case: Orillia (who will facilitate the process), Ovid, Oscar, Obadiah, and Oprah.

Confidential Facts for Chet As a child advocate, you value the civil liberties of children. You believe that holdings infringe the autonomy of children. Staff can use other methods in order to ensure the safety of themselves and others. Many staff members are poorly trained, leading to frequent crises in the group home that could be avoided with more effective verbal interventions. You real- ize that the group homes are under- resourced and have a difficult time retaining good staff.

About 45 percent of the children in the group homes have a history of being sexually abused. Holdings are particularly scary and demeaning for this group. Consider different options that may be more empowering to the children.

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Confidential Facts for Urania You have a background in social work and organizational behavior. As a representative of the union representing childcare staff at the group homes, you are concerned about the charges that have been laid against childcare staff by various children. The group homes have used holdings for more than 25 years, with no complaints until this past year. You believe that the children have raised charges against staff as a way of manipulating them. Some children have been violent: punching walls, throwing dishes at staff, and bullying smaller children. The staff is paid not much more than minimum wage, even though most of them have 2- year diplomas in childcare or early childhood development. The rate of turn- over is high, which is not good for the union, the agency, or the children. Personally, you are unsure about the therapeutic value of holdings. Union members are considering the use of nonviolence to pursue their cause.

Confidential Facts for Amelia As administrator for the group homes, you strongly believe in the use of holdings. Under certain circumstances, you also advocate for the use of “reasonable physical force” to dis- cipline children. Otherwise, the children you serve will have no respect for staff and will become uncontrollable. You were raised to believe, “Spare the rod, spoil the child.” You believe so strongly in holdings that you are prepared to resign if the Office of the Ombud recommends prohibition of holdings. On the one hand, you have worked in this field for 30 years and in that time, you have never seen a child who has been injured by a holding. On the other hand, many staff members have come away from holdings with significant cuts and bruises.

You are particularly concerned about how complaints from children have been por- trayed in the media. You believe that this publicity infringes on the privacy of others in the group home. Also, charitable donations to the group homes have dropped since the public- ity started.

Dr. Parker conducts groups for parents, as part of his contract with your agency. You respect his professional opinion but believe that he does not have the right to advocate against the policies of Conflictia Youth Services. You may have to terminate his contract if he continues to argue against your agency.

Confidential Facts for Dr. Parker You are a psychologist who has worked with many of the parents now complaining about the group home. Parents are concerned about the competence of the group home staff. Some parents report that the behavior of their children has been deteriorating, not getting better. You may want to review the literature to gain a better understanding of the effects of holdings or other physical discipline on children with emotional disturbances. You have a contract with Conflictia Youth Services, so you have concerns about how your stance on this issue will affect your future relationship with the group homes. Still, your ethical code tells you to do what is right for your clients, even if it means risking your job. Prior to the meeting, reach out to Matilda to offer her help her prepare for the meeting (see Boxes 10.1, 10.2, , and 10.3 for coaching and preparation skills that you could use).

Confidential Facts for Matilda Your little angel, Angela, is a 12- year- old who was placed in the group home because of an “emotional disturbance.” You believe the group home has actually made problems worse for Angela because the children are completely out of control and staff members are scared to enforce the rules. You believe Angela was hurt because staff members were slow to react to a child who struck Angela with a broomstick. If staff had initiated a holding more quickly,

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Angela would have been protected. During the advocacy, you are very scattered, angry, dis- ruptive, and melodramatic. You use nuisance power to try to get others to listen to you. You actually like the staff in the home and believe that they just need policies and train- ing to enable them to physically restrain potentially violent clients. Perhaps karate lessons would help.

Confidential Facts for the Ombuds: Orillia, Oscar, Ovide, Obadiah, and Oprah As members of the Office of the Ombuds, you would like to see the parties resolve this mat- ter themselves. Set up a process that will allow you to gather information from the parties, share it with one another, and determine whether there is common ground. If the parties cannot reach an amicable resolution, then your mandate is to make suggestions about how the group homes should proceed. Orillia will facilitate the process and may designate oth- ers to play timekeeper, note taker, and ground rule enforcer. Orillia could set up the meet- ing as an administrative hearing, a dialogue, a settlement- oriented mediation, or another process described in Chapter 9. Orillia should let the advocates know in advance what type of process she will use.

Assignment 10C: Helga’s Heart

Helga is a 15- year- old girl who was born with a moderate case of Down syndrome. She functions at the level of a 5- year- old but is generally a happy child. Helga has recently been diagnosed as suffering from end- stage heart failure. Her doctors believe that she cannot survive beyond the next 40 days without a heart transplant. Transplant surgery is expensive. However, the main concern is that hearts appropriate for this type of surgery are in short supply (United Network for Organ Sharing, 2014; U.S. Department of Health and Human Services, 2014). Even if Helga’s name is put on the top of the list, there is no guarantee that a suitable heart will be found for her in time (in fact, the chances are about 40 percent). If she is put at the middle of the list, her chances are 15 percent. If she is placed at the bottom of the list, then her chances are zero. Some of the others already on the list include a 40- year- old single actress, a 24- year- old married mother of two (ages 2 and 4), and a 68- year- old retired army sergeant who is a heavy smoker. The hospital administration and representa- tives from the Department of Health need to decide how to handle Helga’s situation. They have assembled a panel to hear the views of a number of interested parties. The parties that they will hear today include the following people:

• Seth, a social worker who is acting as advocate for Helga and her family • Rhonda, a medical researcher, specializing in heart transplant surgery, who believes that

Helga is a poor candidate for this surgery • Praba, a psychiatric nurse who advocates for people with cognitive impairments; the

group she represents believes that they should be treated with the same respect and rights as anyone else

• Cwan, a counselor from the Department of Defense, advocating for the retired army sergeant

• Alistair, an advocate for the actress who is paying Alistair large sums of money to advance her case and help her obtain the heart she needs so desperately

The panel listening to these representations includes: Dr. Hadad (hospital administrator and designated facilitator), Drs. Dudley and Doright (two doctors), and Ms. Holloway (a representative from the Conflictia Department of Health). For the purposes of this assign- ment, assume that all candidates have the same blood type, the same tissue match, and

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the same willingness to have the transplant as soon as a suitable heart is available. Note that 88 percent of patients survive the first year after receiving a transplant surgery, with 75 percent surviving for at least 5 years, and 56 percent surviving for at least 10 years (U.S. Department of Health and Human Services, 2014). There is significant variability based on individual factors.

Confidential Facts for Seth You are personally unsure whether Helga is a good candidate for this surgery, given that she lacks the basic abilities to care for herself. Even if the surgery goes well, she will always be highly dependent on others. You do share Helga’s family’s concern for her and will advocate for her to be given high priority for a heart transplant. You are concerned that the actress is trying to buy herself a heart, and you do not believe that this is a valid way to determine this issue. You are also concerned that the army sergeant may receive high priority because some regard the sergeant as a military hero. Although the army sergeant may be in need of a heart, you are concerned that years of smoking may have caused lung damage and limit the potential benefits of giving the sergeant the next heart. You may lapse into name- calling— reacting from anger at the insensitivity of some of the others who are advocating against Helga. Otherwise, you can use whichever strategies you believe will be most effective. Consider how you could use associational, nuisance, and moral power.

Confidential Facts for Rhonda Your research shows that the effectiveness of heart surgery depends significantly on the postoperation cooperation of the patient. The patient must be able to follow strict instruc- tions in terms of diet, activities, cleanliness, and rehabilitation therapy. Your information about Helga is that she has very poor nutritional habits and that she is not very cooperative with being given instructions. Given the shortage of hearts, you believe that tough deci- sions have to be made and that the best candidates for surgery need to be the ones selected. You do not want to play God or evaluate which person is more deserving.

You expect some sort of trouble from Cwan. About a year ago, you applied for a posi- tion with the Department of Defense, and Cwan was responsible for torpedoing your chances. You think Cwan feels defensive with you because you have such strong academic credentials.

You do not know the name of the actress, but you have heard that her life is not currently in danger. She has severe damage to her heart valves, meaning that she has little energy. She is basically housebound, but she is not likely to die within the next 3 to 5 years as long as she follows proper diet and exercise plans. Your preferred style of CR is rights based, though you may also use other advocacy strategies (particularly if the facilitator or other advocates use persuasive techniques with you).

Confidential Facts for Praba You believe that all people who need surgery should be given equal consideration. No one has the right to judge which of two or more people should live or die. If there is such a choice to be made, then your initial solution would be to use a random generating device (e.g., drawing names whenever a suitable heart became available). You are particularly incensed by people who would rate a girl with Down syndrome as a second- class human being. You know Helga personally and believe that her life is as worthy as anyone else’s on the list. You fear that the mother of two has already been given top priority and this hearing is just a way to placate the others by giving them a chance to be heard. Consider how you could use personal power and procedure power to promote a fair and impartial process.

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Confidential Facts for Cwan You have nothing against Helga. You do not even know her. However, your role is to advocate for Amy Salk, an army sergeant who has served her country and deserves high priority on this decision. You (and Amy) fear that her age and smoking will be held against her. In fact, you have seen research that shows that people in her situation are not as good candidates as younger, nonsmoking patients. Your focus, however, is that the decision should be made on the basis of merit— or at least respect for all people. You never know which individual will actually make the best candidate. You do not have a lot of respect for Rhonda. You believe that her research methods are not very good. You also know she is angry because you did not hire her for a research position at the Department of Defense.

Confidential Facts for Alistair The client you represent, Halle Canary, is a rich and famous actress. She has authorized you to offer the hospital a $40 million donation if her case is prioritized so that she is able to receive the next heart. The notoriety of her situation will also help the hospital garner additional donations. You know you must be careful to avoid the appearance of buying a heart. Consider what rhetoric to use in order to convince others that accepting Madam Canary’s donation would be for the greater good. You know that Madam Canary’s situation is not the most urgent. Doctors have advised her that she can probably live for years with her heart condition. The issue for Madam Canary is quality of life: Her heart condition is so severe that she can hardly walk. As long as she does not move around too much, however, she is fine.

Confidential Facts for the Hospital and Ministry of Health Panel: Dr. Hadad, Drs. Dudley and Doright, and Ms. Holloway Try to place yourselves in the roles of the hospital and Department of Health representa- tives. Jot down some of your concerns, questions, and biases, based on your professional views. During the role- play, try to be sensitive to the types of arguments, rhetoric, and strategies that would persuade you. None of you actually has decision- making author- ity. You will be using this consultation to develop a report to the Conflictia Council of Representatives, the body authorized to make the ultimate decisions. There is precedent for assigning priority based on who is expected to have the best quality and longevity of life, postoperation. You have already received input from other advocates who made a strong case for giving the 24- year- old mother top priority, based on these criteria. Dr. Hadad and Ms. Holloway are big fans of the actress, Halle Canary, and would like to accommodate her. Drs. Dudley and Doright believe that Madam Canary’s acting abilities are irrelevant. As the facilitator, Dr. Hadad should choose one or two styles of meetings for this role- play (e.g., start as a public hearing and switch after 30 minutes to transforma- tive mediation). Let the advocates know which style of meeting you plan to open with (do not let them know in advance that you plan to switch halfway through).

Assignment 10D: Archie’s Adoption

Peabody’s Adoption Services (PAS) is a private Catholic agency acting as an intermediary to facilitate voluntary adoptions. Archie is a 38- year- old single male, who has applied to PAS to be considered as an adoptive parent. He is willing to adopt a boy or a girl. Although he would prefer to adopt an infant, Archie realizes that the waiting list for infants is long. He would be willing to adopt an older child (for which there is greater need).

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