10Privilege

10 Privilege

(1)  In this section, "mediation session" or "neutral evaluation session" includes any steps taken in the course of making arrangements for the session or in the course of the follow-up of the session.

(2)  Subject to subsection (3) , the same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to –

(a) a mediation session or neutral evaluation session; or

(b) a document or other material sent to, or produced to, a mediator or evaluator, or sent to, or produced at, a court or a registry of a court, for the purpose of enabling a mediation session or neutral evaluation session to be arranged.

(3)  The privilege conferred by subsection (2) only extends to a document or other material produced –

(a) at a mediation session or neutral evaluation session; or

(b) as provided by subsection (2)(b) ; or

(c) for the disclosure of information as provided by section 11 .

(4)  Evidence of anything said or of any admission made in a mediation session or neutral evaluation session is not admissible in any proceedings before any court, tribunal or body.

(5)  A document prepared for the purposes of, in the course of or as a result of a mediation session or neutral evaluation session, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body.

(6)  Subsections (4) and (5) do not apply with respect to any evidence or document –

(a) if the persons in attendance at, or identified during, the mediation session or neutral evaluation session and, in the case of a document, all persons identified in the document consent to the admission of the evidence or document; or

(b) in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under ; or