199Privilege for neutral evaluations

199 Privilege for neutral evaluations (1) The same privilege in relation to defamation that exists for a judicial proceeding, and a document produced in a judicial proceeding, exists for— (a) a neutral evaluation session; or (b) a document or other material sent to or produced to an evaluator, or sent to or produced at a tribunal or the registry of a tribunal, for the purpose of enabling a neutral evaluation session to be arranged. Mediation and neutral evaluation Part 15.1 (2) However, the privilege under subsection (1) only extends to a publication made— (a) at a neutral evaluation session; or (b) as provided by subsection (1) (b); or (c) as provided in section 200. (3) Evidence of anything said, or of any admission made, in a neutral evaluation session is not admissible in a proceeding before a court, tribunal or other entity. (4) A document prepared for, in the course of, or because of, a neutral evaluation session, or any copy of the document, is not admissible in evidence in any civil proceeding before a court, tribunal or other entity. (5) Subsections (3) and (4) do not apply to any evidence or document— (a) for evidence—if the people in attendance at, or identified during, the neutral evaluation session consent to the admission of the evidence; or (b) for a document—if the people in attendance at, or identified during, the neutral evaluation session and all people identified in the document, consent to the admission of the document; or (c) in a proceeding (including a criminal proceeding) brought in relation to an act or omission in relation to which a disclosure has been made under section 200 (c). 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 a session.