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.