PART 11
Clause 3 states that nothing shall prevent the parties to proceedings (not criminal proceedings) from agreeing to and arranging for mediation or neutral evaluation of any matter.
The clause provides for the appointment of a mediator or an evaluator who may, but need not be, a person whose name is on a list under this Act.
In default of agreement as to who the mediator or evaluator shall be, the mediator or evaluator shall be the registrar or his nominee.
Clause 5 provides for the withdrawal of parties from mediation or neutral evaluation session at any time.
Clause 6 provides for the costs of the mediation or evaluation to be borne by the parties according to agreed proportions, failing agreement in equal shares as directed by the court.
Clause 7 provides for a court to make orders to give effect to any agreement as a result of a mediation session. This clause does not affect the enforceability of any other agreement that may be made, in respect of any matter which is the subject of a mediation session.
Clause 8 provides that the Chancellor may compile lists of persons suitable to be mediators and evaluators. Different lists may be for different types of matters.
A person has to consent to be included in the list and agree to comply with this Act.
Clause 9 deals with privilege in a mediation session or neutral evaluation session. The same privilege exits as in defamation with respect to judicial proceedings. The privilege extends to a document or other material produced at a mediation session or neutral evaluation session.
Except in certain specific cases, evidence given before a mediation session or evaluation session is not admissible before any Court, so also is a document prepared for the purpose of a mediation session or evaluation session. But a document or any evidence is admissible under certain circumstances, for instance, where a person in attendance consents to the admission; in proceedings instituted in respect of a commission of a fraud; in circumstance in which all the parties in the mediation session or evaluation session agree to the waiver of the privilege.
Clause 10 deals with secrecy and also states the instances where disclosure is permissible it states that a mediator or evaluator may disclose information obtained in a mediation or evaluation session. The disclosure may be made; with the consent of the person from whom the information was obtained; if there are reasonable grounds to believe that the disclosure is necessary to minimise the danger or injury to any person or to any property; for the purpose of statistical analysis or evaluating the operation and performance of mediation and neutral evaluation processes.
Clause 11 provides for exoneration from liabilities for mediators and evaluators.
Clause 12 provides for rules of court to be made for purpose of this Act.
Clause 13 provides for the Attorney General to make regulations for the purposes of this Act.
Signed by: President on the 22nd November, 2010
