sec.36Privilege

sec.36 Privilege

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. Subject to subsection (3) , the like privilege with respect to defamation exists with respect to— a mediation session; or a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged; as exists with respect to proceedings before the Supreme Court and a document produced in these proceedings. The privilege conferred by subsection (2) does not extend to a publication made otherwise than— at a mediation session; or as provided by subsection (2) (b) ; or as provided by section 37 (2) . 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. 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. Subsections (4) and (5) do not apply with respect to any evidence or document— where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or in proceedings instituted with respect to— any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or an offence under section 37 (3) concerning the disclosure of the evidence or document. This section does not apply in relation to a dispute that is the subject of a referring order. To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made. s 36 amd 1997 No. 38 s 36 (sec.36-ssec.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. (sec.36-ssec.2) Subject to subsection (3) , the like privilege with respect to defamation exists with respect to— a mediation session; or a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged; as exists with respect to proceedings before the Supreme Court and a document produced in these proceedings. (sec.36-ssec.3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than— at a mediation session; or as provided by subsection (2) (b) ; or as provided by section 37 (2) . (sec.36-ssec.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. (sec.36-ssec.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. (sec.36-ssec.6) Subsections (4) and (5) do not apply with respect to any evidence or document— where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or in proceedings instituted with respect to— any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or an offence under section 37 (3) concerning the disclosure of the evidence or document. (sec.36-ssec.7) This section does not apply in relation to a dispute that is the subject of a referring order. (sec.36-ssec.8) To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.