ABSTRACT

Mediators, as professionals are not immune from liability for their actions and these liabilities can be categorised into four distinct groups:

(a) liabilities that a mediator may be exposed to that are similar to the liabilities that anyone engaged in a business might be liable for;

(b) liability pertaining directly to mediation where causation and damages issues are not barriers to a claim;

(c) liability pertaining directly to mediation where causation and damages issues are barriers to a claim; and

(d) liability to third parties aected by the outcome of the mediation process.1