Participation of Attorneys Attorneys may appear with clients during alternative dispute resolution proceedings. The Mediation Process. On commencement of the mediation session, a mediator shall inform all parties that the process is consensual in nature, that the mediator is an impartial facilitator, and that the mediator may not impose or force any settlement on the parties. A mediator shall not unnecessarily or inappropriately prolong a mediation session if it becomes apparent that the case is unsuitable for mediation or if one or more of the parties is unwilling or unable to participate in the mediation process in a meaningful manner. A mediator shall assist the parties in reaching an informed and voluntary settlement.
Decisions are to be made voluntarily by the parties themselves.
A mediator shall not coerce or unfairly influence a party into a settlement agreement and shall not make substantive decisions for any party to a mediation process. A mediator shall not intentionally nor knowingly misrepresent material facts or circumstances in the course of conducting a mediation. A mediator shall promote a balanced process and shall encourage the parties to conduct the mediation deliberations in a nonadversarial manner. A mediator shall promote mutual respect among the parties throughout the mediation process. A mediator shall not provide information the mediator is not qualified by training or experience to provide.