00The duty of conceptual liability is a general objective duty of a tortfeasor of the type of the tortfeasor that is the subject of the claim, for liability for damages of the type of damages that are the subject of the claim.
0The duty of concrete liability is a subjective duty of the specific tortfeasor against whom the claim was filed to bear responsibility for the damages of the injured party who filed the claim.
It must also be proven that a negligent act or omission of the defendant constitutes a breach of the duty of care; and that there is a causal connection between the breach of the duty of care and the damage caused to the plaintiffs.
- In order to determine the existence of conceptual responsibility, it is necessary to examine the standard of objective behavior expected of mediators when they act within the framework of their role.
The Regulations (Court Regulations (Mediation)) present framework rules for this expected behavior - fairness, good faith and impartiality.
The mediator is also instructed in relation to cases in which he must stop the mediation process, and among the issues that constitute grounds for terminating the proceedings is also the impact on third parties who are not part of the mediation process (Regulation 8(b)(7) of the Mediation Regulations).
The significance of this is that the subordinate legislator foresaw the possibility that the mediation proceedings that will be conducted are likely to affect those who are not a party to the mediation proceeding, and believed that in this case the proceedings should be terminated.
Therefore, it is correct to determine that the duty of conceptual liability includes a duty of responsibility in relation to the impact of the mediation proceedings on the rights of third parties who are not part of the process.
- With regard to the duty of concrete liability, in light of the fact that the mediator was aware of the existence of third parties that are not part of the mediation process, it appears that the same duty of concrete liability relates to the need to act in a manner that may not constitute harm to them Third parties.
Therefore, I find that from the conceptual aspect, the defendant's activity can constitute grounds for a breach of a conceptual and concrete duty of care that will establish liability for the tort of negligence.