The Cross-Border Mediation (EU Directive) Regulations 2011

PART 2Mediation Evidence

Mediation Evidence

9.  Subject to regulation 10, a mediator or a mediation administrator has the right to withhold mediation evidence in civil and commercial judicial proceedings and arbitration.

10.  A court may order that a mediator or a mediation administrator must give or disclose mediation evidence where—

(a)all parties to the mediation agree to the giving or disclosure of the mediation evidence;

(b)the giving or disclosure of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or

(c)the mediation evidence relates to the mediation settlement, and the giving or disclosure of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.