Admissibility of mediation communication in evidence
10. A mediation communication is not to be admitted in evidence in any court, arbitral or disciplinary proceedings except with the leave of a court or an arbitral tribunal under section 11.
Leave of court or arbitral tribunal for disclosure or admission in evidence
11.—(1) A court or an arbitral tribunal may, on application by any person, grant leave for a mediation communication to be disclosed under section 9(3) or admitted in evidence under section 10.
(2) For the purposes of subsection (1), the court or arbitral tribunal (as the case may be) must take into account all of the following matters in deciding whether to grant leave:
- (a) whether the mediation communication may be or has been disclosed under section 9(2);
- (b) whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence;
- (c) any other circumstances or matters that the court or arbitral tribunal (as the case may be) considers relevant.
(3) Where the mediation communication is sought to be disclosed or admitted in evidence in proceedings—
- (a) before a court, the application must be made to the court before which the proceedings are heard;
- (b) before an arbitral tribunal, the application must be made to the arbitral tribunal before which the proceedings are heard; and
- (c) in any other case, the application must be made to the High Court.
Recording of mediated settlement agreement as order of court
12.—(1) Where a mediated settlement agreement has been made in a mediation in relation to a dispute for which no proceedings have been commenced in a court, any party to the agreement may, with the
