Mediator Ethics Advisory Committee Opinion 2004-006 answers the question posed above.
In summary, when a mediator receives a court order in advance of a mediation, which contains provisions which are contrary to the mediator’s role and requires the mediator to act in a manner that is inconsistent with the mediator’s ethical rules, the mediator should decline participation in the mediation.
This is related to a court ordered mediation and good faith. It’s an important opinion to read.
Also, one segment of my “Advancing the Profession” CME program will address “good faith” participation in mediation.
To email me, click Perry S. Itkin