The gathering storm of arbitrators' and mediators' liability
Bristow, D.
The gathering storm of arbitrators' and mediators' liability - 2000 - Arbitration and Dispute Resolution Law Journal (4) December 2000, 312-323(12) .
Discusses the problems of arbitrators and mediators accused of negligence and their subsequent liability under Canadian law. Examines possible basis for claims including: the fiduciary duty of mediators; confidentiality; the unauthorised practice of law, applicable where the mediator is not a lawyer; and outlines provisions that should be included in standard forms of agreement for arbitration and mediation. Notes that there is no requirement for mediators or arbitrators to carry professional indemnity insurance but details the level of cover provided by some policies. Covers case and common law.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CANADA
CASE LAW
COMMON LAW
CONFIDENTIALITY
FIDUCIARY DUTY
LIABILITY
MEDIATION
NEGLIGENCE
PROFESSIONAL INDEMNITY INSURANCE
STANDARD FORMS OF AGREEMENT
The gathering storm of arbitrators' and mediators' liability - 2000 - Arbitration and Dispute Resolution Law Journal (4) December 2000, 312-323(12) .
Discusses the problems of arbitrators and mediators accused of negligence and their subsequent liability under Canadian law. Examines possible basis for claims including: the fiduciary duty of mediators; confidentiality; the unauthorised practice of law, applicable where the mediator is not a lawyer; and outlines provisions that should be included in standard forms of agreement for arbitration and mediation. Notes that there is no requirement for mediators or arbitrators to carry professional indemnity insurance but details the level of cover provided by some policies. Covers case and common law.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CANADA
CASE LAW
COMMON LAW
CONFIDENTIALITY
FIDUCIARY DUTY
LIABILITY
MEDIATION
NEGLIGENCE
PROFESSIONAL INDEMNITY INSURANCE
STANDARD FORMS OF AGREEMENT