Cap. 516 Art. 42Evidence given in mediation proceedings.

(1) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to victim offender mediation is admissible in any proceedings, and disclosure of such evidence shall not and may not be compelled in any proceedings: Provided that disclosure of the content of the agreement resulting from mediation shall be permitted, subject to the consent of the parties concerned:

Provided further that any other information acquired by the mediator during mediation proceedings may be disclosed whenever:

(a) the mediator considers that this is necessary for overriding considerations of public policy or national security; or

(b) such information concerns any threat to commit a criminal offence; or

(c) the mediator considers that a criminal offence is likely to be committed.

(2) All communications or settlement discussions by and between participants in the course of mediation shall remain confidential: Provided that information falling within the scope of the second proviso of sub-article (1) may be communicated to the authorities or persons concerned.

(3) Except as required under sub-article (4), a mediator may not submit to any court or adjudicatory body any evidence, report, assessment, evaluation, or finding of any kind concerning a mediation conducted by him other than a report that is mandated by the Court or adjudicatory body, and which only states whether an agreement was reached.

(4) A mediator may only divulge such information as established under sub-article (3) to a Court or adjudicatory body as long as all parties to the mediation expressly agree in writing.