An article by Robyn Carroll in the ADR Bulletin ((2006) 8(8) ADR 145) considered the proposed amendments to the Family Law Act 1975 (Cth). The author argued that:
• immunity should only be conferred on officers of the court invested with the power to make binding decisions, such as arbitrators, not on mediators;
• the removal of mediators’ immunity in the Family Law Amendment (Shared Parental Responsibility) Bill 20061 (the Bill) meant that family dispute resolution practitioners, like other professionals who offer services to the public, need to look to achieving and maintaining acceptable standards of practice to avoid being successfully sued by dissatisfied clients; and
• mediators need to consider how best to learn about and respond to legitimate complaints about mediator practice.
"Immunity of mediators and the proposed Family Law Act Amendments,"
9, Article 4.
Available at: http://epublications.bond.edu.au/adr/vol8/iss9/4