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- (i) the disclosure is in compliance with a request or requirement imposed by a regulatory authority and is necessary to enable the regulatory authority to perform its duties or discharge its functions; or
- (j) the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose.
(3) Despite subsection (2), a person may, with leave of a court or an arbitral tribunal under section 11, disclose a mediation communication to a third party to the mediation—
- (a) for the purpose of enforcing or disputing a mediated settlement agreement;
- (b) for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity;
- (c) for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted, where the person who is a party to those proceedings is required to disclose documents in the person’s possession, custody or power; or
- (d) for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case.
(4) In this section—
- “disclosure”, in relation to information, includes permitting access to the information;
- “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;
- “regulatory authority” means any body or organisation in Singapore charged with the public function of regulating entities or individuals, whether under any written law or otherwise.
