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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 12 December 2024 - onwards
Version 4 of 4

18E. Provisions relating to mediators.

(1) In respect of a matter dealt with by him or her under this Chapter, a mediator shall -

(a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought to reasonably be aware, and

(b) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 18C otherwise than in accordance with that section.

(2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless each of the parties agree to the mediator continuing to deal with the matter, the Board shall appoint another mediator to deal with the matter.

(3) Where a mediator has, in respect of a relevant claim, participated in a mediation he or she shall not -

(a) be an assessor or a retained expert in respect of the relevant claim, or

(b) otherwise participate in the assessment of the relevant claim.