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Family,
Alternative Dispute Resolution

Feb. 27, 2010

Can Divorce Mediators Be Sued?

Family lawyer and mediator Franklin Garfield examines the application of quasi-judicial immunity in the practice of mediation.

Franklin R. Garfield

Garfield & Tepper

Email: frgarfield@gmail.com

Mediators may think they have absolute quasi-judicial immunity from liability to their clients. However, that protection is probably limited to mediation services and does not extend to legal services. Mediators should not assume that they are shielded from liability because they have been hired as a mediator.

In Howard v. Drapkin (1990) 222 Cal.App.3d 843, the court of appeal concluded that a psychologist who performed an evaluation of the plaintiff and her family was ent...

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