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S 2953Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action

The state will pay legal costs for family court mediators sued for job-related mistakes, unless the acts were malicious.

Signed into law69 Yea0 Nay6 Not voting
Population
Affected
15
Email Legislator
Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This legislation provides financial protection for mediators and staff members working within the family court mediation program. Under this bill, the state agrees to cover financial losses, including legal fees, if these employees are sued for actions taken while performing their job duties. This protection applies to mistakes or negligence but does not cover actions that are determined by a court to be intentional, malicious, or grossly negligent. Essentially, it shields these workers from personal financial liability for honest mistakes made at work.

For younger readers

This bill helps people who work as mediators in family court. A mediator is someone who helps families solve problems. Sometimes, people involved in a court case might get angry and try to sue the mediator for making a mistake. This law says the state will pay for the mediator's legal bills if that happens. However, the state will only help if the mistake was an accident. If the mediator did something mean or bad on purpose, the state will not help them and they have to pay on their own.

Who & Where It Applies

Impacted groups
Family court mediatorsFamily court staffDivorcing couplesFamilies in custody disputesTaxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects public sector workers from the financial ruin of frivolous lawsuits, ensuring they can perform their duties without fear of personal bankruptcy due to honest mistakes.
  • Strengthens the family court mediation system, which is a vital service that helps families resolve disputes more amicably and affordably than through prolonged litigation.
  • Ensures that the state assumes responsibility for the system it operates, rather than shifting the risk of systemic imperfections onto individual employees.
  • Transfers the financial burden of errors from the individual to the taxpayers, potentially using public funds to defend against negligence.
  • Could theoretically reduce the personal accountability of mediators, as they know the state will cover the costs of their negligence.
  • May make it slightly more difficult for aggrieved parties, often families in distress, to feel a sense of direct justice when the individual responsible for negligence is shielded by the state.
For Conservatives
  • Helps maintain a functioning court system by preventing staff shortages that could occur if mediators fear personal liability, thus reducing court backlogs.
  • Establishes clear legal boundaries by explicitly excluding "wanton, malicious, or grossly negligent" acts from protection, ensuring bad actors are not shielded.
  • Prevents the judicial system from being clogged with nuisance lawsuits targeting individual employees for minor errors.
  • Increases potential government spending by making taxpayers liable for the legal fees and damages resulting from the mistakes of state employees.
  • Expands government protections for state workers that are rarely afforded to employees in the private sector, creating a double standard.
  • Shields government agents from the direct consequences of their actions, potentially disincentivizing high performance and carefulness.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby amended by adding thereto the following section: 9-1-27.4. Family court mediators - Immunity from liability. The state shall protect and hold harmless mediators and other staff of the family court mediation program from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of their duties with the program and within the scope of their employment which may constitute negligence, but which acts are not wanton, malicious, or grossly negligent as determined by a court of competent jurisdiction.

SECTION 2. This act shall take effect upon passage.