Art. 6, Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects of mediation in civil and commercial matters, COM(2004) 718 final, at 11.
Art. 6, Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects of mediation in civil and commercial matters, COM(2004) 718 final, at 11.
1"968500 Mediators, as well as any person involved in the administration of mediation services, shall not in civil judicial proceedings give testimony or evidence regarding any of the following:
(a)
968500An invitation by a party to engage in mediation or the fact that a party was willing to participate in mediation;
(b)
968500Views expressed or suggestions made by a party in a mediation in respect of a possible settlement of the dispute;
(c)
968500Statements or admissions made by a party in the course of the mediation;
(d)
968500Proposals made by the mediator;
(e)
968500The fact that a party had indicated its willingness to accept a proposal for a settlement made by the mediator;
(f)
968500A document prepared solely for purposes of the mediation.
2"968500 Paragraph 1 shall apply irrespective of the form of the information or evidence referred to therein.
3"968500 The disclosure of the information referred to in paragraph 1 shall not be ordered by a court or other judicial authority in civil judicial proceedings and, if such information is offered as evidence in contravention of paragraph 1, that evidence shall be treated as inadmissible. Nevertheless, such information may be disclosed or admitted in evidence
(a)
968500to the extent required for the purposes of implementation or enforcement of a settlement agreement reached as a direct result of the mediation,
(b)
968500for overriding considerations of public policy, in particular when required to ensure the protection of children or to prevent harm to the physical or psychological integrity of a person, or
(c)
968500if the mediator and the parties agree thereto.
4"968500 The provisions of paragraphs 1, 2 and 3 shall apply whether or not the judicial proceedings relate to the dispute that is or was the subject matter of the mediation.
5"968500 Subject to paragraph 1, evidence that is otherwise admissible in judicial proceedings does not become inadmissible as a consequence of having been used in a mediation.