The question is what claims a mediator can raise to one side and how does he/she get the information to make such a claim. Normally, the mediator has information in the mediation statements and/or the initial presentations. When the mediator engages individual caucuses, that information allows he/she to discuss risks with each side. In some cases, the mediator might even do some limited research to be able to offer some thoughts to each side.

What if an issue was only raised tangentially to the mediator and he/she is not able to raise it to the other side, as there is not enough information in order to discuss if it is a risk they should consider. There is a concern about raising it to the side that the issue could help, because in doing so, the mediator could be seen as putting his/her finger on the scales and telling them about a good claim/defense that they might not realize they have. On one hand, the mediator thinks he/she should keep quiet as it's not his/her job to help either side. On the other hand, the mediator is tempted to explore this issue since it will be helpful for both parties to discuss this, particularly as it could help lead the parties to a middle ground. What should the mediator do?