§ 172.215.Conciliator Immune

The last section of the chapter, and it protects the person in the middle.

The immunity is from an action for damages resulting from an act or omission in performing the role of conciliator.

It is tied to the role. The protection covers performance as a conciliator in a proceeding subject to this chapter.

The grant is unqualified on its face. Unlike the volunteer immunity in Section 154.055, which is lost by wanton and wilful disregard and limited to unpaid neutrals, this section states no exception and no compensation limit.

That difference reflects who serves. International conciliators are professionals, paid a fee set under Section 172.212, and a volunteer-only immunity would protect nobody here.

The reason for immunity is the position. A conciliator hears both sides in confidence, proposes terms and is blamed by whoever likes the outcome least.

Without protection the role would be uninsurable. Neutrals would decline appointments, and the policy in Section 172.201 would have nobody to carry it out.

The protection sits with two others. Section 172.214 shields the conciliator from service of process while here, and Section 172.206 keeps what was said out of later proceedings.

Disclosure duties remain. Section 172.056 requires a conciliator to disclose anything bearing on impartiality or independence, on the same terms as an arbitrator.