Civil Liability of the Mediator Towards the Parties to the Proceedings - the Polish Perspective

Abstract

The article addresses the issue of civil liability of mediators in the context of the lack of mandatory civil liability insurance. The analysis takes into account the basic premises of tort liability, such as illegality, guilt, damage and adequate causal relationship, referring them to the specificity of mediation activity. It indicates the consequences of the lack of institutional protection in the form of mandatory third party liability insurance, both for the parties to mediation proceedings and the mediators themselves, who may bear personal financial liability. It also emphasizes the growing popularity of mediation among legal practitioners and parties to the conflict, which increases the need to regulate professional liability standards in this area. In conclusion, the postulate of introducing mandatory third-party liability insurance for mediators is formulated as a tool to increase the professionalization of the profession and to provide real legal protection to mediation participants.