15 Apr 2013
EBS v CAS HC WN CIV-2011-485-2595
- Citation
- openlaw-48cce586_dc01_4c2a_9c60_b6b9220da1ea.pdf
- Court
- High Court
Where parties reached a settlement at mediation and subsequently dispute the scope or interpretation of the settlement (HoA), documents prepared for the mediation are not barred by s57 or the agreement to mediate from being admitted to assist in determining the existence, scope or meaning of the agreement; mediator waiver is not required in these circumstances and confidentiality clauses in the agreement to mediate cannot be used to prevent admission when evidence is necessary to interpret or enforce the settlement.