ADR Rules 19Chapter II · Mediation Rules

Section 19 · Confidentiality disclosure and inadmissibility of information. - (1) When a mediator receives information concerning the dispute from any party, he shall disclose the substance of that information to the other party, so that the other party may have an opportunity to present such explanation as it may consider appropriate:

Provided that, when a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to the other party.

(2)

Receipt or perusal, preparation of records, reports or other documents by the mediator, while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding those documents nor as to what transpired during the mediation:

(3)

Parties shall maintain confidentiality in respect of events that transpired during mediation and shall not rely on or introduce the said information in any other proceedings as to :

(a)

views expressed by a party in the course of the mediation proceedings;

(b)

documents obtained during the mediation which were expressly required to be treated as confidential or notes, drafts or information given by parties or mediators;

(c)

proposals made or views expressed by the mediator;

(d)

admission made by a party in the course of mediation proceedings;

(e)

the fact that a party had or had not indicated willingness to accept a proposal.

(4)

there shall be no stenographic or audio or video recording of the mediation proceedings.

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