This article examines the question of what mediators should tell parties by way of informed consent before providing an evaluation on the merits of a legal situation. The authors discuss the general background of informed consent and its role in mediation. They then focus on the specific need for informed consent from the participant before the mediator makes an evaluation and provide principles and ideas for doing so.
The Intersection of Evaluation by Mediators and Informed Consent: Warning the Unwary
Love, Lela P; Cooley, John W. Ohio State Journal on Dispute Resolution, Oct. 28, 2006https://papers.ssrn.com/sol3/papers.cfm?abstract_id=940453