Mediators must recuse themselves from mediation if any question that arises about their impartiality, including conflicts of interest, or competence cannot be resolved. Mediators must ensure that the parties are fully informed about the law prior to making a decision about how to resolve the complaint. Mediators should not give legal advice. If a mediator is unsure about whether a party will interpret legal information as legal advice, the mediation should find another way to ensure that parties are informed about the law. To help the parties get informed about the law, mediators can use a number of techniques.
Mediators can provide legal information through available publications.
Mediators can facilitate having parties represented in the mediation by advocates. Parties can receive materials prior to the mediation. Mediators are obligated to represent accurate information about the law. Each party in mediation should have access to advocates to represent their interests. To ensure fairness and protection of rights, mediators must assess whether an imbalance of power resulting from an inability to state ones' interests will result in an unfair agreement.