The authors take opposite sides of the issue of whether lawyer-mediators should be able to provide legal advice during mediation. James Alfini argues that lawyer-mediators should be prohibited from providing legal advice or evaluations because: 1) the mediator cannot be sure that legal advice is accurate and current, 2) mediation risks becoming over-regulated if legal advice needs to be regulated, and 3) the giving of legal advice interferes with the parties' self-determination. Gerald S. Clay argues that lawyer-mediators should be allowed to use their expertise because it conforms to the parties expectations and it allows the parties' to make the most informed decisions.

The author is a member of the RSI Board of Directors.