Mediation Ordinance
Ord. No. 15 of 2012
Section 8
A1623
(2) A person may disclose a mediation communication if—
- (a) the disclosure is made with the consent of—
- (i) each of the parties to the mediation;
- (ii) the mediator for the mediation or, if there is more than one, each of them; and
- (iii) if the mediation communication is made by a person other than a party to the mediation or a mediator—the person who made the communication;
- (b) the content of the mediation communication is information that has already been made available to the public, except for information that is only in the public domain due to an unlawful disclosure;
- (c) the content of the mediation communication is information that is otherwise subject to discovery in civil proceedings or to other similar procedures in which parties are required to disclose documents in their possession, custody or power;
- (d) there are reasonable grounds to believe that the disclosure is necessary to prevent or minimize the danger of injury to a person or of serious harm to the well-being of a child;
- (e) the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, directly or indirectly, the identity of a person to whom the mediation communication relates;
- (f) the disclosure is made for the purpose of seeking legal advice; or
- (g) the disclosure is made in accordance with a requirement imposed by law.
(3) A person may disclose a mediation communication with leave of the court or tribunal under section 10—
