This page has been proofread, but needs to be validated.
8
NO. 1 OF 2017


(5) All orders made under subsections (3) and (4) are to be presented to Parliament as soon as possible after publication in the Gazette.

Designation of mediation service provider and approved certification scheme

7.—(1) The Minister may, subject to such terms and conditions as the Minister thinks fit to impose—

(a) designate any mediation service provider to be a designated mediation service provider for the purposes of this Act; and
(b) designate any accreditation or certification scheme administered by a mediation institution to be an approved certification scheme for the purposes of this Act.

(2) Notice of every designation must be published in the Gazette.

Stay of court proceedings

8.—(1) Where any party to a mediation agreement institutes any proceedings before a court against any other party to that agreement in respect of any matter which is the subject of that agreement, any party to that agreement may apply to that court to stay the proceedings so far as the proceedings relate to that matter.

(2) The court hearing the application may make an order, upon such terms or conditions as the court thinks fit, staying the proceedings so far as the proceedings relate to the matter.

(3) The court may, in making an order under subsection (2), make such interim or supplementary orders as the court thinks fit for the purpose of preserving the rights of the parties.

(4) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under such party.

Restrictions on disclosure

9.—(1) Subject to subsections (2) and (3), a person must not disclose any mediation communication relating to a mediation to any third party to the mediation.

(2) A person may disclose a mediation communication to a third party to the mediation if—