What are the ethical considerations of engaging in mediation?
When engaging in mediation, it is important to take into consideration the ethical considerations associated with it. In Pennsylvania, the ethical considerations that mediators must abide by include upholding impartiality, refraining from giving legal advice, and maintaining confidentiality. The mediator is expected to remain impartial and unbiased throughout the process. This means they must not favor any party involved and should make decisions that are beneficial for both involved. Additionally, they are not allowed to give their opinion on any legal matters and should only provide assistance by facilitating communication between the parties. Mediators should not give legal advice as they are not a lawyer and the parties involved should seek advice from qualified legal counsel. Any advice the mediator gives should be considered an opinion that is not meant to influence any decisions. The mediator is obligated to uphold the confidentiality of the mediation process, meaning they cannot disclose any information related to the matter. All parties involved are also expected to keep secret any information disclosed during the session. Any confidential information provided by one party is not allowed to be used by the other for any other purpose than the mediation. In summary, when engaging in mediation, the mediator must uphold impartiality, not give legal advice, and maintain the confidentiality of all parties involved. This plays an important role in ensuring a fair and successful mediation process.
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