IMP LEMENTATIO N
IN DE P T H
A paralegal might set up a meeting with relevant actors and adopt
approaches such as:
• Encouraging them to see an issue from the client’s point of view.
MEDIATION
Mediation is a method of
resolving disputes through
discussion. It is intended to
identify problems, clear up
misunderstandings, explore
solutions, and eventually reach
an agreement that satisfies
both sides. It may be useful if
a client requires supporting
documents, such as a parent’s
birth or nationality certificate,
from someone unwilling to
provide them.
Mediation between affected
community members and
dominant communities may
also be useful to combat
discrimination by non-state
actors, or exclusion from socioeconomic rights, such as issues
of land, access to services or
employment, and discrimination.
But be careful not to damage
the program’s reputation for
impartiality.
•E
xplaining why their actions are unlawful or unreasonable, and what
standards apply.
•A
ppealing to the stakeholder’s own motivations or interests to show
how they would benefit from resolving a client’s case.
• Making them aware of the situation of stateless persons.
any of the techniques for local-level advocacy with the aim of
M
resolving individual cases are similar to those used in “Advocacy
meetings” as part of a wider push for systemic change, and are
therefore covered in section 10.4.
How to ensure local-level advocacy is empowering
• Involving clients in meetings and having them speak for themselves.
•L
etting clients shape the process by deciding on strategies you will
use and arguments you will make.
• If they can do so safely, encouraging clients to speak to the media
about their experiences in order to generate support for their cause
in a way that amplifies their own voices.
9.5 Referrals
At times, the project will be unable to assist clients with certain non-legal
needs, or with more complex legal cases. Paralegals should still be able
to give referrals, either by telling clients about other organizations or
service-providers that can help, or, if appropriate and the client approves
it, contact the organization in order to refer the client.
If referring a client to a lawyer, paralegals may provide support
for the lawyer(s) working on a case. Paralegals might handle most
communication with the client, for example. These partnerships can
develop paralegals’ skills, if they are involved in the legal strategizing and
shadowing casework or if they assist with research. In some projects,
paralegals concentrate on identification work and refer the majority of
affected persons to lawyers. Paralegals may be excluded from assisting
clients in detention, due to procedural rules, but might be able to serve
as guarantors in the community for bail applications.
Checklist of organizations, service providers or individuals to include in a
referral directory:
4
Doctors, midwives, pharmacists, psychologists
•S
ome projects may refer clients for psychological counseling,
knowing that living invisibly has an impact on mental health.
4
4
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helters, including women’s shelters
S
ood banks or soup kitchens
F
A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
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