It is improper for a mediator to provide legal advice even if framed as a question. Information on interest rates fall into the category of advice on legal options.
A mediator who is informed in caucus of hidden assets should withdraw from the mediation unless disclosure is made. If a party “misses” a cause of action, a mediator is precluded from giving legal advice to point this out. The ethical rules apply to non-certified mediators who mediate court-ordered cases.
A mediator may not inform a party of a “right to make a claim” for loss of consortium. A mediator may not ask why a claim is not being made, but should determine competency of the party to enter into negotiations and proceed without counsel.
Assisting pro se litigants with filling out forms approved by the Supreme Court of Florida after a mediated settlement agreement is not a per se violation of the mediation rules; however, caution should be exercised to ensure compliance with mediation rules and other professions’ standards of conduct.
Rules 10.330(c), 10.370, 10.380(c) and 10.650
Opinion 86-8, Fl Bar Ethics Opinions
Rule 10-2.1, Rules Regulating the Florida Bar
Assisting pro se litigants with filling out forms approved by the Supreme Court of Florida after a mediated settlement agreement is not a per se violation of the mediation rules; however, caution should be exercised to ensure compliance with mediation rules and other professions’ standards of conduct.
A certified mediator does not have an ethical obligation to advise a party without an attorney in a family mediation where an agreement in signed to take the signed agreement to an attorney.
Rules 10.310(a), 10.330(a), 10.370(b), 10.410 and 10.520
Kalof v. Kalof, 28 Fla. L. Weekly D678 ( Fla. 3d DCA March 12, 2003)
All of the Standards of Professional Conduct for Mediators found in Part II, Florida Rules for Certified and Court-Appointed Mediators, are applicable to all types of certified and court-appointed mediators. There is no exception for county mediators in relation to the provision prohibiting mediators from predicting how the court will decide a case.
A mediator is obligated to advise a party of the right to seek counsel, if the mediator believes that the party does not understand or appreciate how an agreement may adversely affect the party’s legal rights or obligations, but is prohibited from giving "a personal or professional opinion intended to coerce the parties, unduly influence the parties, decide the dispute, or direct a resolution of any issues."
