55Use of evidence obtained in the course of mediation

55 Use of evidence obtained in the course of mediation

(1)  Evidence of anything said, or of any admission made, in the course of mediation under this Act –

(a) is not admissible in any proceedings before any court, tribunal or body, including under Part 10 ; and

(b) may not be used by the Director, or a State Service officer or State Service employee, for the purposes of the Occupational Licensing Act 2005 .

(2)  Any document prepared for the purposes of, in the course of, or as a result of, mediation under this Act –

(a) is not admissible in any proceedings before any court, tribunal or body, including under Part 10 ; and

(b) may not be used by the Director, or a State Service officer or State Service employee, for the purposes of the Occupational Licensing Act 2005 .

(3)  Subsections (1) and (2) do not apply with respect to any evidence or document –

(a) if the persons who take part in mediation under this Act and, in the case of a document, the persons identified in the document, consent to the admission of, or the use of, the evidence or document; or

(b) if the parties involved in the mediation agree to the waiver of the privilege set out in those subsections; or

(c) if the document was prepared to give effect to a decision taken, or an undertaking given, or a settlement, in relation to the mediation.