DAMAGE CAUSED BY INFORMATION OR ADVICE GIVEN BY A MEDIATOR IN CONSUMER DISPUTES
Mediation is one of the means of the alternative dispute resolution methods with the participation of one or more mediators who support communication between the parties to the conflict in order to help them reach a friendly solution to their conflict by concluding a mediation agreement. The mediator therefore does not enforce the resolutions, he does not decide the dispute between the parties, because mediation assumes that the parties are able to solve the conflict themselves and are able to judge their individual needs. On the other hand, the mediator may lead the parties to an agreement that is not in accordance with the applicable law. The article deals with the question whether, in these cases, the mediator is responsible for damage caused by a mediator in consumer disputes, because a person who offers professional performance as a member of a vocation or profession, or otherwise acts as an expert, may be obliged to provide compensation for damage caused by providing incomplete or incorrect information or harmful advice.
This research was financially supported by the Czech Science Foundation (GAČR), grant no. 17-03490S.
Keywords: mediation, ADR, consumer disputes, damage caused by information or advice
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