§ 20 — Permission of court or arbitral tribunal for disclosure or admission in evidence of mediation communication

20.—(1) A court or an arbitral tribunal may, on application by any person, grant permission for a mediation communication to be disclosed under section 18(2) or admitted in evidence under section 19.(2) For the purposes of subsection (1), the court or arbitral tribunal (as the case may be) must take into account all of the following matters in deciding whether to grant permission:(a)

whether the mediation communication may be or has been disclosed under section 18(1);

(b)

whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence;

(c)

any other circumstances or matters that the court or arbitral tribunal (as the case may be) considers relevant.

(3) Where the mediation communication is sought to be disclosed or admitted in evidence in proceedings —(a)

before a court — the application must be made to the court before which the proceedings are heard;

(b)

before an arbitral tribunal — the application must be made to the arbitral tribunal before which the proceedings are heard; and

(c)

in any other case — the application must be made to the General Division of the High Court.

—(1) A court or an arbitral tribunal may, on application by any person, grant permission for a mediation communication to be disclosed under section 18(2) or admitted in evidence under section 19.

(2) For the purposes of subsection (1), the court or arbitral tribunal (as the case may be) must take into account all of the following matters in deciding whether to grant permission:(a)

whether the mediation communication may be or has been disclosed under section 18(1);

(b)

whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence;

(c)

any other circumstances or matters that the court or arbitral tribunal (as the case may be) considers relevant.

(3) Where the mediation communication is sought to be disclosed or admitted in evidence in proceedings —(a)

before a court — the application must be made to the court before which the proceedings are heard;

(b)

before an arbitral tribunal — the application must be made to the arbitral tribunal before which the proceedings are heard; and

(c)

in any other case — the application must be made to the General Division of the High Court.