11. Permission of court or arbitral tribunal for disclosure or admission in evidence
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
A court or an arbitral tribunal may, on application by any person, grant permission for a mediation communication to be disclosed under section 9(3) or admitted in evidence under section 10.
mediation communication
“mediation communication”, in relation to a mediation, means —(a)anything said or done;(b)any document prepared; or(c)any information provided,for the purposes of or in the course of the mediation, and includes a mediation agreement or mediated settlement agreement;
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:
whether the mediation communication may be or has been disclosed under section 9(2);
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.
Where the mediation communication is sought to be disclosed or admitted in evidence in proceedings —
before a court — the application must be made to the court before which the proceedings are heard;
before an arbitral tribunal — the application must be made to the arbitral tribunal before which the proceedings are heard; and
in any other case — the application must be made to the General Division of the High Court.