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VII. Professional Advice



1. Independent Advice and Information

A mediator should encourage the participants to obtain independent expert information and advice when such is needed to reach an informed agreement or to protect the rights of a participant. A mediator may give information only in those areas where qualified by training or experience and only with the caution that participants are encouraged to seek independent advice and counsel on the matters at hand.

2. Legal Advice

When a mediator suspects that the outcome of a mediation may potentially affect rights or obligations, the mediator should advise participants to seek legal advice prior to resolving the issues in a formal agreement.

Go to: VIII. Parties’ Ability to Negotiate