Mediation Act (Cap. 474)
Mediation Act (Cap. 474), article 27
27. (1) No evidence of anything said or any admission made
for the purpose of, in the course of, or pursuant to, mediation is
admissible in any pro ceedings, and disclosu re of such evidence
shall not and may not be c ompelled in any proceedings:
Provided that disclosure of the content of the agreement
resulting from mediation shall be permitted -
(a) where this is necessary for overriding considerations
of public policy of the Member State concerned, in
particular when required to ensure the protection of
the best interests of children or to prevent harm to the
physical or psychological integrity of a person; or
(b) where such disclosure is necessary in order to
implement or enfor ce that agreement.
(2) All communications or settlement discussions by and
between participants in the course of mediation shall remain
confidential.
(3) Except as required under subarticle (4), a mediator may not
submit to any court or adjudicatory body any evidence, report,
assessment, evaluation, or finding of any kind concerning a
mediation conducted by him other than a report that is mandated by
the Court or adjudicatory body, and which only states whether a n
agreement was reached.
(4) A mediator may only divulge such information as
established under subarticle (3) to a Court or adjudicatory bod y as
long as all parties to the media tion expressly agree in writing .
Effect of mediation
on limitation and
prescription
periods.
Added by:
IX. 2010.29.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.