Confidentiality
(1) N o p e r s o n shall disclose any mediation communication.
(2) Notwithstanding subsection (1), mediation communication may be disclosed if—
(a) the disclosure is made with the consent of the parties;
(b) the disclosure is made with the consent of the person who gives the mediation communication;
(c) the disclosure is required under this Act or for the purpose of any civil or criminal proceedings under any written law; or
(d) the disclosure is required under any other written law for the purposes of implementation or enforcement of a settlement agreement.
Privilege
(1) Any mediation communication is privileged and is not subject to discovery or be admissible in evidence in any proceedings.
(2) Notwithstanding subsection (1), the mediation communication is not privileged if—
(a) the privilege is expressly waived in writing by the parties, the mediator and the non-party;
(b) it is a public document by virtue of the Evidence Act 1950 [Act 56];
(c) it is a threat to inflict bodily injury or commit a crime;
(d) it is used or intended to be used to plan a crime, attempt to commit or commit a crime, or to conceal a crime or criminal activity or an ongoing crime or ongoing criminal activity;
(e) it is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator; or
(f) it is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a party, non-party, or representative of a party based on their conduct during any mediation session.
