Mediation Bill 2017 – TABLE OF CONTENTS
Confidentiality
| 10. | (1) | Subject to subsection (2) and section 17, all communications (including oral statements) and all records and notes relating to the mediation shall be confidential and shall not be disclosed in any proceedings before a court or otherwise. | ||
| (2) | Subsection (1) shall not apply to a communication or records or notes, or both, where disclosure— | |||
| (a) | is necessary in order to implement or enforce a mediation settlement, | |||
| (b) | is necessary to prevent physical or psychological injury to a party, | |||
| (c) | is required by law, | |||
| (d) | is necessary in the interests of preventing or revealing— | |||
| (i) | the commission of a crime (including an attempt to commit a crime), | |||
| (ii) | the concealment of a crime, or | |||
| (iii) | a threat to a party, | |||
| or | ||||
| (e) | is sought or offered to prove or disprove a civil claim concerning the negligence or misconduct of the mediator occurring during the mediation or a complaint to a professional body concerning such negligence or misconduct. | |||
| (3) | Evidence introduced into or used in mediation that is otherwise admissible or subject to discovery in proceedings shall not be or become inadmissible or protected by privilege in such proceedings solely because it was introduced into or used in mediation. | |||
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