The mediator’s roles include controlling the mediation process, facilitating discussion and generally assisting the parties to reach an acceptable agreement.
It is not the mediator’s role to act as a legal advisor and it is not the role of the mediator to act as a Judge and to impose outcomes on parties.
However, it is appreciated that in some cases and at some stages in mediations, parties and/or their legal representatives may feel that, given the mediator’s legal experience, it may be of assistance in the negotiation process for him or her to express some views or opinions about the merits of some of the competing proposals and propositions in the context of considering what might be the outcome should the matter proceed to trial in a Court.
The views expressed should not be received as legal advice. Any views expressed by the mediator are necessarily based on limited information and are always subject to the legal advice the parties have available to them at the mediation or elsewhere.
The mediator will discuss with the parties and their lawyers in the intake session whether such a view or opinion may be sought from the mediator during the mediation conference and when and how that may occur.