Mediator Liability in Canada: An Examination of Emerging of American and Canadian Jurisprudence

29 Pages Posted: 23 Dec 2011

See all articles by Jennifer L. Schulz

Jennifer L. Schulz

University of Manitoba, Faculty of Law

Date Written: 2000

Abstract

No mediators have yet been held liable for the unauthorized practice of law, breach of statute, breach of contract, or negligently performing their services. However, a detailed examination of emerging American and Canadian jurisprudence, especially cases from Ontario's Mandatory Mediation Program, highlights when mediators have fallen below appropriate mediator conduct, and therefore indicates what might constitute mediator malpractice in the Canadian facilitative mediation context.

Suggested Citation

Schulz, Jennifer L., Mediator Liability in Canada: An Examination of Emerging of American and Canadian Jurisprudence (2000). Ottawa Law Review, Vol. 32, No. 2, p. 269, 2000-2001, Available at SSRN: https://ssrn.com/abstract=1975843

Jennifer L. Schulz (Contact Author)

University of Manitoba, Faculty of Law ( email )

Winnipeg, Manitoba R3T 2N2
Canada

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