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Alternative Dispute Resolution

Dec. 27, 2008

Some Question Mediators' Liability Waivers

While the State Bar prohibits attorneys from putting prospective liability waivers in contracts with their clients, mediators, who are unregulated, face no such restrictions.

By Greg Katz
Daily Journal Staff Writer

LOS ANGELES - Mediators, perhaps more than anybody, know how expensive and time-consuming litigation can be.

So it should come as no surprise that many of them insert professional liability waivers in the forms they use for their mediations, using clauses, like: "The mediator has no liability for any act or omission in connection with the mediation."

While the State Bar prohibits attorneys from putti...

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