§ 25-2915.Immunity; exceptions.
Article 29: Dispute Resolution Act and Uniform Mediation Act · Last amended 2019 · Last verified July 22, 2026
Full Text of § 25-2915
Source
Laws 1991, LB 90, § 15; Laws 2019, LB595, § 16.
Plain-English Summary
Section 25-2915 protects the people who staff Nebraska’s mediation and restorative justice system from being sued over the ordinary work of running a session. A mediator, a restorative justice facilitator, a staff member, or a member of an approved center’s governing board cannot be held liable in civil damages for a statement or decision made in the course of that work.
The protection is not absolute. It falls away if the person acted with willful or wanton misconduct — a standard well above ordinary negligence. Someone who makes an honest misjudgment while facilitating a session stays protected; someone who acts with the kind of disregard for others’ rights that willful or wanton conduct implies does not.
Frequently Asked Questions
Can I sue a mediator for a bad decision they made during my session?
Generally no, unless the mediator’s statement or decision reflected willful or wanton misconduct.
Does immunity cover center staff and board members, or only the mediator?
It covers mediators, restorative justice facilitators, staff members, and members of an approved center’s governing board alike.
What does “willful or wanton misconduct” mean here?
It is a higher bar than ordinary negligence — conduct showing a conscious disregard for others’ rights or safety, not a simple mistake.
Does this immunity apply to restorative justice facilitators as well as mediators?
Yes. The section names both roles alongside center staff and governing board members.
Is this immunity limited to certain kinds of claims?
The statute addresses civil damages for a statement or decision made in the process of restorative justice or dispute resolution.