28Privilege

#### 28 Privilege 28 Privilege > > (1) In this section, mediation session includes any steps taken in the course of making arrangements for a mediation session or in the course of the follow-up of a mediation session. > > > (2) Subject to subsection (3), the like privilege with respect to defamation exists with respect to: > > > > > (a) a mediation session, or > > > > > (b) a document or other material sent to, or produced at, a Community Justice Centre for the purpose of enabling a mediation session to be arranged, > > > > as exists with respect to judicial proceedings and a document produced in judicial proceedings. > > > (3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than: > > > > > (a) at a mediation session, > > > > > (b) as provided by subsection (2) (b), or > > > > > (c) as provided by section 29 (2). > > > (4) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body. > > > (5) A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof 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) where the persons in attendance at the mediation session consent to 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 pursuant to section 29 (2) (c) or 29A, or > > > > > (c) given as evidence: > > > > > > > (i) as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and > > > > > > > (ii) as to the substance of that agreement. > > > (7) A mediator, the Director, a member of the staff of a Community Justice Centre, a person making an evaluation under section 26 or a party to a mediation session is not liable to be proceeded against for concealing a serious indictable offence without reasonable cause in respect of any information obtained in connection with the administration or execution of this Act. > > **s 28:** Am 1992 No 111, Sch 1; 1999 No 94, Sch 4.86; 2007 No 70, Sch 1 \[27\] \[28\]; 2010 No 79, Sch 1 \[16\] \[17\].