CAN MEDIATORS BE TRUSTED?

I’m often asked if mediators can be trusted followed by can they be sued. The easy answer is “yes” to both but the true answer is more nuanced.

First of all, remember that mediators are not “deciders,” it’s the participants who decide. And since mediators don’t tell participants how to resolve their issues, they’re not liable for the resolution itself.

Mediators control the process, but follow a code of ethics to insure all is conducted properly and fairly. Those mediators appointed by courts generally have the same immunity as judges. Private mediators generally require participants to sign an agreement limiting their liability from ordinary negligence.

Actual misconduct by a mediator is extremely rare. That said, there are cases of extreme fraud, conflict of interest, coercion, providing legal advice, breach of confidentially, or failing to follow the terms of the agreement to mediate.

So, while mediators can theoretically be sued, actual cases are extremely unusual. Decades of experience, then, evidence that mediators as a profession can be trusted.

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Fred Jandt is the author of several books, including his latest, “How To Survive a Mediation.”