Confidentiality
21.
In order to assist in the resolution of a Disagreement, a mediation will not be open to the
public.
22.
The Parties, and all persons, will keep confidential:
a) all oral and written information disclosed in the mediation; and
b) the fact that this information has been disclosed.
23.
The Parties will not rely on or introduce as evidence in any proceeding, whether or not
that proceeding relates to the subject matter of the mediation, any oral or written
information disclosed in or arising from the mediation, including:
a) any documents of other Parties produced in the course of the mediation that are
not otherwise produced or producible in that proceeding;
b) any views expressed, or suggestions, or proposals made in respect of a possible
settlement of the Disagreement;
c) any admissions made by any Party in the course of the mediation, unless
otherwise stipulated by the admitting Party;
d) any recommendations for settlement made by the mediator; and
e) the fact that any Party has indicated a willingness to make or accept a proposal or
recommendation for settlement.
24.
Sections 22 and 23 do not apply:
a) in any proceeding for the enforcement or setting aside of an agreement resolving
the Disagreement that was the subject of a mediation;
b) if the adjudicator in any proceeding determines that the interests of public or the
administration of justice outweigh the need for confidentiality; or
c) if the oral or written information referred to in those Sections is in the public
forum.
25.
A mediator, or anyone retained or employed by the mediator, is not compellable in any
proceeding to give evidence about any oral and written information acquired or opinion
formed by that person as a result of the mediation, and all Parties will oppose any effort
to have that person or that information subpoenaed.
26.
A mediator, or anyone retained or employed by the mediator, is disqualified as a
consultant or expert in any proceeding relating to the Disagreement, including any
proceeding that involves persons not a Party to the mediation.
Referral of Issues to Other Processes
27.
During a mediation the Parties may agree to refer particular issues in the Disagreement to
independent fact-finders, expert panels or other processes for opinions or findings that
may assist them in the resolution of the Disagreement, and in that event, the Parties must
specify:
a) the terms of Reference for the process;
175