Is the mediator allowed to provide legal advice to the parties?

Legal advice can be provided to the parties in mediation, however, in the state of California it must be done in compliance with certain rules. In order for a mediator to provide legal advice to the parties, the mediator must be a lawyer who is also a qualified mediator. The mediator must also document the fact that the parties in the mediation understand that the mediator is not their attorney and that the legal advice is in the context of the mediation process only. In addition, the mediator must provide the parties with a written agreement that states that the mediator is advising them in the context of the mediation process only, rather than in a professional lawyer-client relationship. This agreement must be signed by the parties before the mediator can provide legal advice. Finally, the mediator must provide a disclosure to the parties of any potential conflict of interest, as well as any financial or personal involvement of the mediator in the dispute. In conclusion, while the mediator in a mediation process is not automatically precluded from providing legal advice to the parties, it must be done in compliance with certain rules and requirements as set out by the state of California.

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Is the mediator allowed to provide legal advice to the parties?

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