26 Jul 2011
SHEPPARD INDUSTRIES LTD v SPECIALIZED BICYCLE COMPONENTS INC COA CA805/2010
- Citation
- COA CA805/2010
- Court
- Court of Appeal
Section 57(3)(b) cannot be contracted out of by a mediation confidentiality clause so as to prevent admissibility of mediation communications necessary to prove existence of a settlement agreement; the mediation agreement in issue did not unambiguously preclude an oral binding settlement and, in any event, parties can vary or waive such requirements during mediation; accordingly evidence of mediation is admissible to decide whether a binding oral settlement was reached, and the specified affidavit material may be adduced.