On 20/11/2017, you requested the version in force on 20/11/2017 incorporating all amendments published on or before 20/11/2017. The closest version currently available is that of 01/11/2017.
—(1) Subject to subsections (2) and (3), a person must not disclose any mediation communication relating to a mediation to any third party to the mediation.
(2) A person may disclose a mediation communication to a third party to the mediation if —
the disclosure is made with the consent of —
all the parties to the mediation; and
for a mediation communication that is made by a person other than a party to the mediation, the maker of the mediation communication;
the content of the mediation communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure;
there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise —
the danger of injury to any person; or
the abuse, neglect, abandonment or exploitation of any child or young person (within the meaning of the Children and Young Persons Act (Cap. 38));
the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, whether directly or indirectly, the identity of the maker of the mediation communication or any person to whom the mediation communication relates;
the disclosure is made for the purpose of seeking legal advice;
the person disclosing the mediation communication is an arbitrator acting as a mediator under section 63(1) of the Arbitration Act (Cap. 10) or an arbitrator or umpire acting as a conciliator under section 17(1) of the International Arbitration Act (Cap. 143A) and the disclosure is made in accordance with section 63(2) or (3) of the Arbitration Act or section 17(2) or (3) of the International Arbitration Act (as the case may be);
the disclosure is required by an order of court, or required or authorised by or under any written law;
the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law;
the disclosure is in compliance with a request or requirement imposed by a regulatory authority and is necessary to enable the regulatory authority to perform its duties or discharge its functions; or
the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose.
(3) Despite subsection (2), a person may, with leave of a court or an arbitral tribunal under section 11, disclose a mediation communication to a third party to the mediation —
for the purpose of enforcing or disputing a mediated settlement agreement;
for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity;
for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted, where the person who is a party to those proceedings is required to disclose documents in the person’s possession, custody or power; or
for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case.
(4) In this section —
“disclosure”, in relation to information, includes permitting access to the information;
“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;
“regulatory authority” means any body or organisation in Singapore charged with the public function of regulating entities or individuals, whether under any written law or otherwise.
No History for selected provision