If the party is represented, the mediator must assume that counsel is competent and has considered all relevant issues and causes of action. It is improper for a mediator to substitute his or her judgement for that of counsel. It is the opinion of the Advisory Panel that the mediator is permitted to ask questions such as those listed above. In addition, the mediator should be attuned to statements made by any of the parties which indicate a lack of understanding or appreciation of how an agreement might adversely affect legal rights or obligations. Having made those assumptions, we refer you to opinion A.3.
Decisions are to be made voluntarily by the parties themselves.
This question may be based on a faulty legal principle, namely, that the plaintiff spouse's claim is automatically precluded. Again, if the parties are represented, the mediator must assume competence by counsel and that the ramifications of any agreement have been explained. If the parties are unrepresented, please refer to the answers provided above. In this final question, you ask whether the plaintiff's spouse is represented at the table. Under the scenario as presented, the spouse is present.