Legal advice is often defined as applying the law to the facts of the case in such a way as to predict the outcome of the case or an issue in the case, or to recommend a course of action based on the mediator’s analysis. Mediators can provide legal information to help parties understand the law, but they should not provide legal advice, as that is the role of an attorney.  Further, it is important for mediators to maintain neutrality and avoid giving advice that could be seen as advocating for one party over another.

Unfortunately, the rule prohibiting mediators from giving legal advice is often interpreted so narrowly that mediators are hesitant to provide necessary and perfectly permissible legal information to the parties. While a mediator is certainly not responsible for the parties’ decisions and has no obligation to provide legal advice, mediators cannot disclaim responsibility for providing the parties with legal information.  In many cases, particularly where the parties are not represented by legal counsel, the mediation clients may look to the mediator to help identify the issues and provide the basic legal information applicable to a particular issue.  When a mediator can identify what constitutes legal information as opposed to legal advice, the mediator can confidently use the sharing of general legal information as another effective tool in the mediators’ toolbox.

This webinar will help the mediator determine what is permissible “legal information” and what is impermissible “legal advice” and where they can safely draw the line in their mediation practice.  

Costs:

Sustaining Members & Students: No Cost

SCMA Members: $35

Non-Members: $55