[F1Mediation evidence: disclosure or inspectionE+W
78.26.—(1) Where a person seeks disclosure or inspection of mediation evidence that is in the control of a mediator or mediation administrator, that person must apply–
(a)where there are existing proceedings in England and Wales, by an application made in accordance with Part 23; and
(b)where there are no existing proceedings in England and Wales, by the Part 8 procedure.
(2) Where the application is made–
(a)under paragraph (1)(a), the mediator or mediation administrator who has control of the mediation evidence must be named as a respondent to the application and must be served with a copy of the application notice; and
(b)under paragraph (1)(b), the mediator or mediation administrator who has control of the mediation evidence must be made a party to the claim.
(3) Evidence in support of the application under paragraph (1)(a) or (1)(b) must include evidence that–
(a)all parties to the mediation agree to the disclosure or inspection of the mediation evidence;
(b)disclosure or inspection of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or
(c)disclosure or inspection of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.
(4) This rule does not apply to proceedings in England and Wales that have been allocated to the small claims track.
(5) Where this rule applies, Parts 31 to 34 apply to the extent they are consistent with this rule.]