These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties.
Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to addressing these disputes and implementing mediation. Mediation oversight has taken many shapes including the use of good faith requirements for participation. Each state must continue to ensure that self-determination is at the heart of mediation programs regardless of their decision to mandate participation. Upholding the principles of mediation should be at the core of all decisions regarding assignment of cases to mediation.
References
Boettger, U. (2004). Efficiency vs. party empowerment:...
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