- The mediator shall not engage in any non-mediative role during mediation or during the mediation portion of any hybrid process, such as "med-arb."
- If the mediator has previously served in a non-mediative role with one or more of the participants, the mediator shall not mediate except with the informed consent of all participants.
- After mediation, the mediator shall not engage in any non-mediative role with any of the participants with respect to the same or significantly related issues, except with the informed consent of all participants.
- "Non-mediative role" includes services as an arbitrator, judge, therapist, lawyer, counselor, etc., but does not include such non-advocacy activities as providing referrals, information, facilitation, education, and/or training about mediation or the subject matter of the mediation.
- Lawyers, psychologists, social workers, and other professionals who serve as mediators are bound by ethical codes unique to their other profession that may impact the mediator's role. The mediator shall educate himself/herself and the participants concerning any limitations on the mediator's role deriving from other ethical codes.
- The participants determine the process to be used, including hybrid processes. However, it is not the role of the mediator to provide legal advice, therapy, or counseling to the participants during mediation.
- Mediators should be sensitive to the fact that subsequent contacts or dealings with participants in any setting may appear to negate prior impartial regard, but are not necessarily prohibited by these Standards.
