Mediators shall provide information about their role in the mediation before mediation commences, including the fact that authority for decision-making rests with the parties, not mediators. Mediators shall not provide legal advice to the parties. Mediators have the responsibility to advise unrepresented parties to obtain independent legal advice, where appropriate. Mediators also have the responsibility to advise parties of the need to consult other professionals to help parties make informed decisions. Mediators shall serve only in those matters in which they can remain impartial.
Mediators have a duty to remain impartial throughout the course of the mediation process.
If mediators become aware of their lack of impartiality, they shall immediately disclose to the parties that they can no longer remain impartial and shall withdraw from the mediation. Mediators have a responsibility to disclose to the parties in dispute any conflict of interest reasonably known to the mediator, as soon as possible. Mediators who have disclosed a conflict of interest to the parties shall withdraw as mediator, unless the parties consent to retain the mediator. Mediators or their associates or partners shall not establish a professional relationship with any of the parties in a matter related to the mediation which could give rise to a conflict of interest, without the consent of all parties. Mediators shall inform the parties of the confidential nature of mediation.