This presentation explores the critical importance of maintaining clear boundaries in mediation, focusing on the potential ramifications of mediators giving legal or general advice. Designed for both attorney and non-attorney mediators, this lecture examines the delicate balance between facilitating communication and inadvertently stepping into an advisory role. Attendees will gain insights into the distinctions between legal information and legal advice, learning how to guide parties effectively through active listening and effective questioning as an alternative to advising. The session addresses the ethical considerations and potential consequences of crossing professional boundaries, including risks of sanctions and unauthorized practice of law charges. By raising awareness of these issues, the presentation aims to enhance mediators’ ability to maintain neutrality, uphold the integrity of the mediation process, and navigate their roles with confidence and professionalism.
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