17. Restrictions on disclosure of mediation communication

Subject to section 18, a person must not disclose any mediation communication to a third party to the mediation.

Without affecting subsection (1), where a complaint of non‑compliance that has been referred to a mediator under section 11 is then referred to an adjudicator under section 12, the mediator must not disclose to the adjudicator any mediation communication or any other thing concerning the mediation or any dispute that is the subject of the complaint of non‑compliance.

Subsection (1) does not apply to any part of a settlement agreement resulting from a mediation that takes effect as a variation of a lease agreement under section 23(2).

Where a mediation communication also becomes an adjudication communication (pursuant to section 18(1) or (2)), this Subdivision ceases to apply to the communication.