Diane Wiltjer is a certified mediator in Virginia. She is a mediator and mentor for the Northern Virginia Mediation Service and is in private practice. She is a former officer on the Board of Directors of the Virginia Mediation Network. Her background includes education and business. Mediators should have some immunity from civil liability.
Immunity provides protection to, and incentives for, people to serve as mediators.
Historically, most community and court-connected mediation has been offered for free or at a modest rate. Where the injury results from bad faith, or malicious or reckless conduct by the mediator, the immunity statute would not protect the mediator. Indeed, since the immunity statute was enacted, there have apparently been less than a handful of ethics complaints to OES and only one unauthorized practice of law case. One solution to this problem would be to require that, in order to have the protection of immunity, a mediator must be certified pursuant to Guidelines promulgated by the Judicial Council. Certified mediators must stay abreast of changes in law and practice and must adhere to the Standards of Ethics, thereby providing commitment to quality.