VIII. Parties' Ability to Negotiate

1. Informational Factors

A mediator has a responsibility to promote fairness in mediation through access to information. Minimally, the mediator should encourage (a) the full disclosure of information between participants and (b) the seeking of adequate information and advice outside the mediation process.

2. Inability to Participate

If one of the participants indicated inability or appears to be unable to participate meaningfully in the mediation process, a mediator should postpone or cancel mediation.

Reporter Note: The proposed change recognizes that mediators are not necessarily skilled enough in this area to make a determination as to the condition of participants.

Go to: IX. Concluding Mediation

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