ABSTRACT
Mediators, as professionals are immune from liability for their actions and these liabilities can be categorised in four distinct groups: Broadly these can be further described as Liability in Contract, Liability in Tort, and Liability for Breach of Fiduciary Obligations. Liability in Tort arises if a mediator improperly influences a party in any way, defames a party, breaches confidentiality, or most commonly, is liable in negligence. Whilst there is no reason to doubt that mediator liability exists in both contract and tort there is a greater concern as to the possible expansion of the concept of the mediator as a fiduciary as a way of dealing with any limitations in claims made in contract or tort. One major area for mediator liability arises from the confidentiality between the mediator and the parties especially as to any documents presented or evidence produced, some of which may be privileged.
