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How Should a California Mediator Deal With An Unrepresented Party?

Posted on: June 17th, 2020

By: Greg Fayard

Most California mediators are lawyers. When mediator-lawyers handle a mediation where one party does not have a lawyer, the lawyer-mediator has to treat that pro per party differently than a party who has a lawyer.

Specifically, if the mediator suspects the unrepresented party does not understand the role of a mediator as compared to a lawyer, the mediator needs to explain the difference to the lawyer-less party. That is, the mediator needs to advise the pro per that he or she, as the mediator trying to resolve a dispute, is neutral and not representing anyone.

Under Rule 2.4 of California’s Rules of Professional Conduct, it is the job of the mediator to help the pro per party understand what mediators are and what they do, and how they are not advocates, and are different from lawyers.

If you have any questions or would like more information, please contact Greg Fayard at [email protected], or any other member of our Lawyers Professional Liability Practice Group, a list of which can be found at www.fmglaw.com.

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