§ 18 — Permitted disclosures of mediation communication

18.—(1) Despite section 17(1) but subject to section 17(2), a person may disclose a mediation communication to a third party to the mediation if —(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)

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;

(d)

the disclosure is made for the purpose of seeking legal advice;

(e)

the disclosure is required by an order of court, or required or authorised by or under any written law;

(f)

the disclosure is in compliance with a request or requirement imposed by a public authority and is necessary to enable the public authority to perform its duties or discharge its functions;

(g)

the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law; or

(h)

the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose.

(2) Despite subsection (1), a person may, with the permission of a court or an arbitral tribunal under section 20, disclose a mediation communication to a third party to the mediation —(a)

for the purpose of enforcing or disputing a settlement agreement resulting from the mediation;

(b)

for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity;

(c)

for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted for the production of documents, where the person who is a party to those proceedings is required to produce documents in the person’s possession or control; or

(d)

for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case.

—(1) Despite section 17(1) but subject to section 17(2), a person may disclose a mediation communication to a third party to the mediation if —(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)

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;

(d)

the disclosure is made for the purpose of seeking legal advice;

(e)

the disclosure is required by an order of court, or required or authorised by or under any written law;

(f)

the disclosure is in compliance with a request or requirement imposed by a public authority and is necessary to enable the public authority to perform its duties or discharge its functions;

(g)

the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law; or

(h)

the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose.

(2) Despite subsection (1), a person may, with the permission of a court or an arbitral tribunal under section 20, disclose a mediation communication to a third party to the mediation —(a)

for the purpose of enforcing or disputing a settlement agreement resulting from the mediation;

(b)

for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity;

(c)

for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted for the production of documents, where the person who is a party to those proceedings is required to produce documents in the person’s possession or control; or

(d)

for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case.