Mediator Immunity in Australia

(2001) 23 Sydney Law Review 185

UWA Faculty of Law Research Paper

39 Pages Posted: 24 Oct 2014

See all articles by Robyn Carroll

Robyn Carroll

University of Western Australia

Date Written: 2001

Abstract

The question whether mediators can and should be immune from liability arising out of their mediation practice has largely been addressed in piecemeal fashion through legislation and carefully drafted mediation agreements. Yet doubts persist that matters can be left as they are. In the past decade several key bodies have raised questions about immunity that have not yet been resolved. Most recently, debate on the issue has been squarely called for by the National Alternative Dispute Resolution Advisory Council (hereinafter NADRAC) in its discussion paper The Development of Standards for ADR. Encouraged by the open-ended questions posed by these bodies and the urgings of a number of experienced mediators that further debate is needed on this issue in Australia, this article will review the legal and policy arguments for and against mediator immunity. While there have been deliberations by advisory bodies and academic writers in Australia and the United States, until fairly recently there has been little evidence in Australia of public debate on the significant privilege that has been conferred on mediators through statutory immunity provisions.

Suggested Citation

Carroll, Robyn, Mediator Immunity in Australia (2001). (2001) 23 Sydney Law Review 185, UWA Faculty of Law Research Paper , Available at SSRN: https://ssrn.com/abstract=2508091

Robyn Carroll (Contact Author)

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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