Evaluation
s 16
Open ↗16. The Minister may cause or arrange for an evaluation to be made, at such times and in respect of such periods as the Minister thinks fit, of the Community Mediation Centres and of their operation and activities.
Source
Community Mediation Centres Act 1997 PART 4 — MISCELLANEOUS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Exoneration from liability
s 17
Open ↗17.—(1) No matter or thing done or omitted to be done by —(a) a mediator; or (b) a Director or any member of the staff, employee or officer of a Community Mediation Centre, shall, if the matter or thing was done in good faith for the purpose of executing the provisions of this Act and did not involve any fraud or wilful misconduct, subject any of them to any action, liability, claim or demand. (2) No person shall be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a Director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that Director.
Order to attend court or order to produce documents in litigation or arbitration
s 18
Open ↗18.—(1) A registrar must not, for the purpose of any court proceedings which relate to or are connected with a dispute referred to a mediator of a Community Mediation Centre, issue —(a) an order for the attendance before the court of the mediator, the Director or any member of the staff, employee or officer of the Community Mediation Centre; or[Act 25 of 2021 wef 01/04/2022] (b) an order for the production to the court of any of the records or documents of the Centre, unless the registrar is satisfied that, having regard to all the circumstances of the case, the attendance or production is necessary for the fair disposal of the case or to save costs. [42/2005] [Act 25 of 2021 wef 01/04/2022] (2) Where an order is made by the registrar under subsection (1)(b), it is sufficient compliance for the Centre to produce certified true copies of any of the records or documents and such copies are, subject to section 19, admissible as evidence of the facts stated or contained therein. (3) In this section —“court” includes an arbitral tribunal; “registrar” means —(a) the Registrar, the Deputy Registrar or an Assistant Registrar of the Supreme Court, in any case where proceedings are taken in the General Division of the High Court (other than the Family Division thereof), the Appellate Division of the High Court or the Court of Appeal; (b) the registrar, the deputy registrar or an assistant registrar of the Family Justice Courts, in any case where proceedings are taken in the Family Division of the High Court, a Family Court or a Youth Court; or (c) the registrar or a deputy registrar of the State Courts, in any case where proceedings are taken in a State Court.[27/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022]
Privilege
s 19
Open ↗19.—(1) Subject to subsection (2), the like privilege with respect to defamation that exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to —(a) a mediation session; or (b) a document or other material sent to, or produced at, a Community Mediation Centre for the purpose of enabling a mediation session to be arranged. (2) The privilege conferred by subsection (1) does not extend to a publication made otherwise than —(a) at a mediation session; (b) as provided by subsection (1)(b); or (c) as provided by section 20. (3) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body. (4) A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body. (5) Subsections (3) and (4) do not apply with respect to any evidence or document —(a) where the persons in attendance at or named during the mediation session and, in the case of a document, all persons named in the document, consent to admission of the evidence or document; (b) in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under section 20(c); or (c) if the court is satisfied that, having regard to all the circumstances of the case, the admission of the evidence or document is necessary for the fair disposal of the case or to save costs. (6) In this section, “mediation session” includes any step taken —(a) in the course of making arrangements for a mediation session; or (b) in the course of the follow-up of a mediation session.
Secrecy
s 20
Open ↗20. A person who is a mediator, a Director, a member of the staff of a Community Mediation Centre or a person making an evaluation under section 16 or carrying out research mentioned in paragraph (e) may disclose information obtained in connection with the administration or execution of this Act only as follows:(a) with the consent of the person from whom the information was obtained; (b) in connection with the administration or execution of this Act; (c) where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property; (d) where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner; (e) where the disclosure does not reveal the identity of a person without the person’s consent and is reasonably required for the purposes of research carried out by, or with the approval of, the Director or an evaluation under section 16; (f) in accordance with any order of the court or a requirement imposed by or under any written law.
Public servants
s 22
Open ↗22. The Director and all members of the staff, employees and officers of Community Mediation Centres are deemed to be public servants for the purposes of the Penal Code 1871.
Power to make regulations
s 23
Open ↗23.—(1) The Minister may make regulations to —(a) regulate the practice and procedure of Community Mediation Centres; (b) provide for the training and accreditation of mediators of Community Mediation Centres; and (c) prescribe all matters as are necessary or expedient for the proper administration, or to achieve the objects and purposes, of this Act. (2) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Back to Community Mediation Centres Act 1997 — full text
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