Mediators and Civil Liability (page 7 of 8)
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.
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.
project of Campus Conflict Resolution
Supported by a FIPSE grant from the US Department of Education
and seed money from the Hewlett Foundation-funded CRInfo
to CMHE Report
(Attn: Bill Warters)
Campus Conflict Resolution Resources Project
Department of Communication
585 Manoogian Hall
Wayne State University
Detroit, MI 48201.
send comments, bug reports, etc. to the Editor.
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