When Does Helpful Information Threaten Mediator Impartiality?

Procedural posture and result

Advisory-opinion request concerning whether a small-claims mediator may provide legal-information materials to an unrepresented defendant, and what limitations impartiality, mediator qualifications, accuracy, and party self-determination impose on that assistance.

What happened and what the authority decided

A Florida Supreme Court-certified small-claims mediator asked whether an unrepresented defendant could be given a chart explaining which types of income were protected from garnishment.

The Mediator Ethics Advisory Committee explained that a mediator may provide information when qualified by training or experience to do so and when the information is provided consistently with impartiality and party self-determination.

MEAC emphasized that impartiality includes a commitment to assist all parties rather than one individual. If providing information would create an appearance that the mediator is helping only the defendant, the mediator should not provide it selectively. If neutral information is appropriately provided, it should be made available to both parties.

The specific chart submitted with the request was inappropriate because it cited Colorado Revised Statutes rather than Florida law. The committee also cautioned mediators about relying on sources other than the Florida courts or The Florida Bar and stated that a mediator who provides information must verify its accuracy.

If the mediator believes a party does not understand how an agreement may affect legal rights or obligations, the mediator should advise that party of the right to seek independent legal counsel. If meaningful participation is not possible or the matter is unsuitable for mediation, the mediator may need to adjourn or terminate the mediation.

What this tells the mediator

Helpful information can threaten neutrality when it is inaccurate, outside the mediator’s qualifications, tied to the wrong jurisdiction, or selectively provided to benefit one participant. Mediators should focus on providing reliable general information in a manner that assists the process without choosing legal positions or creating an appearance of favoritism.

Practical guidance

• Use current materials from the governing court or bar whenever possible.

• Verify jurisdiction and accuracy before distributing any legal information.

• Make neutral information available to all parties.

• Do not apply the information to a party’s facts or recommend a legal choice.

• Encourage independent counsel when legal rights may be misunderstood.