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Abstract:

The session ‘liability of the mediator from a comparative perspective’ aims at reflecting on situations where a mediator runs the risk of being sued for his (non-) interventions. Although mediation is traditionally considered to be a low risk activity, mediator’s liability can arise out of several contexts (including liability for breach of contract and tortious liability, or even criminal liability in serious cases). In the past hardly any cases could be found, but recent examples in the Netherlands, France and Germany have shown that the topic does not merely have a theoretical interest.