Liability of mediators for pressure, drafting and advice
Document Type Journal Article
Interim status: Citation only
This document has been peer reviewed.
Wade, John (2003). Liability of mediators for pressure, drafting and advice. ADR Bulletin, Vol. 6, Iss. 7, pp. 131-135.
Complex tensions that can occur during negotiations and decision-making are illustrated in the Supreme Court of Victoria decision in the case of Taphoohi v Lewenberg. Cases such as this place judges in the position of making decisions about 'proper mediator behaviour' and of making major policy decisions about professional diversity and standards.