Confidentiality, Disclosure and Inadmissibility of Information
18. (a) When a mediator/conciliator receives factual information concerning the dispute(s) from any party, he shall disclose the substance of that information to the other party, so that the other party may have an opportunity to present such explanation as it may consider appropriate:
Provided that when a party gives information to the mediator/conciliator subject to a specific condition that it be kept confidential, the mediator/conciliator shall not disclose that information to the other party.
(b) Receipt or perusal, or preparation of records, reports or other documents by the mediator/conciliator, while serving in that capacity shall be confidential and the mediator/conciliator shall not be compelled to divulge information regarding those documents nor as to what transpired during the mediation/conciliation before the Central Government orthe Tribunal or the Appellate Tribunal or any other authority or any person or group of persons.
(c) Parties shall maintain confidentiality in respect of events that transpired during the mediation/conciliation and shall not rely on or introduce the said information in other proceedings as to:
(i) views expressed by a party in the course of the mediation/conciliation proceedings;
(ii) documents obtained during the mediation/conciliation which were expressly required to be treated as confidential or other notes, drafts or information given by the parties or the mediator/conciliator;
(iii) proposals made or views expressed by the mediator or conciliator;
(iv) admission made by a party in the course of mediation/conciliation proceedings;
(v) the fact that a party had or had not indicated willingness to accept a proposal.
(d) There shall be no audio or video recording of the mediation/conciliation proceedings.
(e) No statement of parties or the witnesses shall be recorded by the mediator/conciliator. |