Page:Mediation Act 2017.pdf/9

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MEDIATION
9


(a) the disclosure is made with the consent of —
(i) all the parties to the mediation; and
(ii) for a mediation communication that is made by a person other than a party to the mediation, the maker of the mediation communication;
(b) the content of the mediation communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure;
(c) there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise—
(i) the danger of injury to any person; or
(ii) the abuse, neglect, abandonment or exploitation of any child or young person (within the meaning of the Children and Young Persons Act (Cap. 38));
(d) the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, whether directly or indirectly, the identity of the maker of the mediation communication or any person to whom the mediation communication relates;
(e) the disclosure is made for the purpose of seeking legal advice;
(f) the person disclosing the mediation communication is an arbitrator acting as a mediator under section 63(1) of the Arbitration Act (Cap. 10) or an arbitrator or umpire acting as a conciliator under section 17(1) of the International Arbitration Act (Cap. 143A) and the disclosure is made in accordance with section 63(2) or (3) of the Arbitration Act or section 17(2) or (3) of the International Arbitration Act (as the case may be);
(g) the disclosure is required by an order of court, or required or authorised by or under any written law;
(h) the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law;