Denver Mediation Services, like most other competent mediation services, conducts its business in an ethical manner in line with general business practises. However, there have been instances where mediators have been sued, although such cases are relatively rare compared to other legal disputes. Here are some of the few areas where mediators have faced lawsuits. Denver Mediation Services takes extensive precautions to avoid these issues, which are typically breaches of the Mediator Code of Ethics to which we strictly adhere
Allegations of Bias or Misconduct: Parties may sue mediators, claiming that the mediator was biased, favored one side over the other, or acted inappropriately during the mediation process.
Breach of Confidentiality: Mediators can be sued if they disclose confidential information from the mediation without permission, violating confidentiality agreements or statutory confidentiality protections.
Failure to Facilitate the Process Properly: In some cases, parties have sued mediators, alleging that the mediator did not conduct the mediation properly, leading to claims of negligence or professional malpractice.
Conflict of Interest: Lawsuits can occur if a mediator fails to disclose a conflict of interest that could affect their neutrality, such as having a prior relationship with one of the parties.
Enforcement of Settlement Agreements: Disputes may arise over the mediator’s role in drafting or interpreting the terms of a settlement agreement, especially if one party claims that the mediator influenced the agreement inappropriately.
Defamation or Libel: Although less common, mediators can be sued for defamation if one party believes the mediator made false statements that damaged their reputation during or after the mediation process.
Failure to Disclose Mediation Outcomes: If mediators are involved in multi-party or class actions, parties sometimes allege mediators failed to disclose significant information or outcomes relevant to other parties.
However, it’s important to note that mediators often have strong legal protections, such as confidentiality statutes and immunity provisions, which can make it challenging for such lawsuits to succeed. Many jurisdictions including Colorado provide mediators with some level of immunity, similar to that enjoyed by judges, for actions taken in their role as neutral facilitators.
Denver Mediation Services has clear agreements that outline our role, responsibilities, and the limitations of our liability, as well as ensuring that all parties understand the nature of the mediation process.
