Campus Mediators and Civil Liability (page 7 of 8)

Conclusion

An examination of civil liability for campus mediators reveals that the only campus mediators that might be spared liability would be those mediating in American States where mediator immunity legislation protects non court-connected mediators. All other North American mediators could attract civil liability for contractual breach, the unauthorised practice of law, statutory breach and negligence.

No mediator has yet been sued for breach of contract, but one Canadian paralegal-mediator has been prosecuted for the unauthorised practice of law,56 and one American psychologist was required to stop his mediation practice because it may have constituted the unauthorised practice of law.57 The number of reported cases of mediators breaching statutes is small, and none of the reported cases appear to be directly relevant to mediators mediating in campus programs. While to date no North American mediator has been found liable in negligence, when standards of care are established, negligence will be the most likely avenue of redress for substandard campus mediation service. Due to variations in provincial, territorial, state, and federal laws, it is recommended that campus mediation programs research civil liability in their particular jurisdictions, and seek independent legal advice when in doubt.

Page last updated 11/27/2005

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