Rule 3.858 Marketing
General Rules Relating to Mediation of Civil Cases
Rule Text
(a) Truthfulness
A mediator must be truthful and accurate in marketing his or her mediation services. A mediator is responsible for ensuring that both his or her own marketing activities and any marketing activities carried out on his or her behalf by others comply with this rule.
(b) Representations concerning court approval
A mediator may indicate in his or her marketing materials that he or she is a member of a particular court's panel or list but, unless specifically permitted by the court, must not indicate that he or she is approved, endorsed, certified, or licensed by the court.
(c) Promises, guarantees, and implications of favoritism
In marketing his or her mediation services, a mediator must not:
(1) Promise or guarantee results; or
(2) Make any statement that directly or indirectly implies bias in favor of one party or participant over another.
(d) Solicitation of business
A mediator must not solicit business from a participant in a mediation proceeding while that mediation is pending.
Rule 3.858 renumbered effective January 1, 2007; adopted as rule 1620.8 effective January 1, 2003.