Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Conduct definition

What does Conduct mean? Conduct describes an employee’s behaviour at work (acts or omissions) against contractual terms, workplace policies and expected standards. In UK employment law, conduct is a potentially fair reason for dismissal under the Employment Rights Act 1996 s.98(2)(b), although the term is not defined in statute. Fairness is assessed under s.98(4) and the Acas Code of Practice on disciplinary and grievance procedures. Case law (including the Burchell test) requires a reasonable investigation, a genuine belief on reasonable grounds that misconduct occurred, and a sanction within the range of reasonable responses. Serious or deliberate misconduct may amount to gross misconduct...

Conduct, duties and liability of the mediator: contract and negligence, limitation clauses, codes of conduct, and role before and during mediation, including settlement drafting

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines the mediator’s potential exposure for failing to uphold duties owed to the parties. It also identifies any applicable codes of conduct and reviews the mediator’s function across the mediation, including drafting any settlement terms. As a central figure in the process, the mediator must earn the parties’ trust and inspire confidence if the mediation is to succeed. For guidance on appointing a mediator, see Practice Note: Choosing a mediator.

Basis of mediator liability—contract and/or negligence

Typically, a mediation agreement will be in place, and the mediator may incur liability to the contracting parties for breach, subject to any contractual limits. Confidentiality clauses commonly appear in such agreements, and a breach by the mediator could give rise to liability. For assistance with preparing the mediation agreement, see Practice Note: Organising a mediation. For discussion of limiting the mediator’s liability, see: Mediation agreement—limiting mediator’s liability. For an overview of breach of contract and remedies, see: Contractual breach damages and remedies—overview...

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Web page updated on 21/05/2026

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