Cap. 474 Art. 26Conduct of a mediation.

(1) In the conduct of the mediation process, the mediator shall follow the code of ethics as provided by the Centre and shall assist the mediation parties to reach a resolution that is timely, fair and cost-effective.

(2) The mediator shall hold the trust of the parties at all time of the mediation process.

(3) The mediator may shorten or extend the mediation process by agreement.

(4) The proceedings may be held in public should both parties shall not and may not be compelled 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 enforce 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 an agreement was reached.

(4) A mediator may only divulge such information as established under subarticle (3) to a Court or adjudicatory body as long as all parties to the mediation expressly agree in writing.