Section 77 Arbitration and Mediation Act 2023

Section 77 Arbitration and Mediation Act 2023 is about Admissibility of evidence in other proceedings. It is under Part II (Mediation) of the Act.

(1) A party to the mediation proceedings, the mediator and any third-party, including those involved in the administration of the mediation proceedings, shall not in arbitral, judicial or similar proceedings rely on, introduce as evidence or give testimony or evidence regarding-
(a) an invitation by a party to engage in mediation proceedings or the fact that a party was willing to participate in mediation proceedings;
(b) views expressed or suggestions made by a party in the mediation in respect of a possible settlement of the dispute;

(c) statements or admissions made by a party in the course of the mediation proceedings;
(d) proposals made by the mediator;

(e) the fact that a party had indicated its willingness to accept a proposal for settlement made by the mediator; and
(f) a document prepared solely for purposes of the mediation proceedings.

(2) Subsection (1) applies irrespective of the form of the information or evidence referred to therein.

(3) Subject to the provisions of section 76 of this Act, the disclosure of the information referred to in subsection (1) shall not be ordered by an arbitral tribunal, court or other competent governmental authority and, where the information is offered as evidence in contravention of subsection (1), that evidence shall be treated as inadmissible.

(4) The provisions of subsections (1), (2) and (3) apply whether or not the arbitral, judicial or similar proceedings relate to the dispute that is or was the subject matter of the mediation proceedings.

(5) Subject to the limitations of subsection (1), evidence that is otherwise admissible in arbitral or judicial or similar proceedings does not become inadmissible as a consequence of having been used in mediation.