MA Section 23 : Admissibility and privilege against disclosure

Explanation using Example

Example 1: Confidentiality in Mediation Proceedings

Introduction: Sarah and John are involved in a business dispute over a contract breach. They decide to resolve their issue through mediation. During the mediation, both parties make several offers and counter-offers to reach a settlement.

Application: According to Section 23(1) of The Mediation Act, 2023, neither Sarah, John, nor the mediator can disclose any communication or the nature of negotiations that occurred during the mediation to any court or tribunal. This confidentiality is crucial to encourage open and honest dialogue during mediation.

Outcome: If Sarah attempts to use John's offers as evidence in a subsequent court case, the court will not permit this disclosure due to the confidentiality provision in Section 23(1). However, if there were allegations of professional misconduct by the mediator during the process, this confidentiality would not protect such information from being disclosed, as per the proviso in Section 23(1).

Conclusion: Compliance with the confidentiality requirement ensures that mediation remains a safe space for negotiation, while non-compliance could lead to legal repercussions, such as the inadmissibility of evidence in court.

Example 2: Exceptions to Confidentiality

Introduction: During a mediation session involving a family dispute, one of the parties, Mark, makes a statement indicating a plan to harm his spouse, which is a criminal offense.

Application: Section 23(2)(a) of The Mediation Act, 2023, states that there is no privilege or confidentialit...

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