MA Section 22 : Confidentiality
Act
Summary
Section 22 of The Mediation Act, 2023, emphasizes the confidentiality of mediation proceedings. It mandates that mediators, parties, and participants keep all mediation-related communications private, including acknowledgements, proposals, and documents. The section prohibits recording mediation sessions and using mediation communications as evidence in court. Exceptions allow for non-identifiable information to be used for research or training. This confidentiality does not apply to mediated settlement agreements when disclosure is necessary for legal processes.
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Explanation using Example
Example 1: Confidentiality in Mediation Proceedings
Introduction: Sarah and John are involved in a business dispute and decide to resolve their issues through mediation. They engage a professional mediator and a mediation service provider to facilitate the process.
Application: During the mediation, Sarah makes an apology and proposes a settlement offer to John. According to Section 22, Sub-section (1)(i) of The Mediation Act, 2023, this apology and proposal are considered confidential. Neither Sarah, John, nor the mediator can disclose these details outside the mediation process.
Outcome: If Sarah or John attempts to use the apology or proposal as evidence in a subsequent court proceeding, it would be inadmissible under Section 22, Sub-section (3). The court will not take cognizance of such information, ensuring the confidentiality of the mediation process.
Conclusion: Compliance with the confidentiality provision ensures that parties can freely communicate during mediation without fear of their statements being used against them later, fostering a more open and effective mediation environment.
Example 2: Prohibition of Recording Mediation Sessions
Introduction: Emily and Robert are undergoing mediation to resolve a family dispute. The mediation is conducted online due to geographical constraints.
Application: Section 22, Sub-section (2) of The Mediation Act, 2023, prohibits any audio or video recording of the mediation proceedings. This applies to all parties involved, including Emily, Robert, the mediator, and the me...
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