Professional Liability of Mediators in Maryland, USA: Ethics and Practice

The professional liability of mediators can be examined from diverse perspectives: the need for regulatory provisions, leniency because mediators in most jurisdictions have maintained a high standard of professionalism and thus a low record of professional liability, and the fear that a stricter liability regime could stifle the flexibility of the mediation process and encroach on the professional and procedural diversity mediation currently enjoys. This article aims to define the mediator’s professional liability and examine such liability in Maryland, USA. Additionally, tips to keep the mediator out of professional liability, such as promoting parties’ self-determination, keeping one’s practice within designated legal boundaries and professional standards, maintaining professional liability insurance if necessary, co-mediating with experts, attending training and fulfilling continuing education requirements, making disclosures, and drafting professionally, will be examined.