- A lawyer who acts as a mediator shall, at the outset of the mediation, ensure that the parties to it understand fully that:
- the lawyer is not acting as a lawyer for either party but, as mediator, is acting to assist the parties to resolve the matters in issue, and
- although communications pertaining to and arising out of the mediation process may be covered by some other common law, civil law, statutory or other privilege, they will not be covered by the solicitor-client privilege.
- A lawyer shall not act as a mediator if the lawyer or the lawyer’s firm has acted or is acting in a matter that may reasonably be expected to become an issue during the mediation, except with the informed consent of all parties.
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