PART 35MEDIATION DIRECTIVE
Mediation evidence: witnesses and depositions35
1
This rule applies where a party wishes to obtain mediation evidence from a mediator or mediation administrator by–
a
a witness summons;
b
cross-examination with permission of the court under rule 22.8 or 23.4;
c
an order under rule 24.7 (evidence by deposition);
d
an order under rule 24.9 (enforcing attendance of witness);
e
an order under rule 24.10(4) (deponent's evidence to be given orally); or
f
an order under rule 24.12 (order for the issue of a letter of request).
2
When applying for a witness summons, permission under rule 22.8 or 23.4 or order under rule24.7, 24.9, 24.10(4) or24.12, the party must provide the court with evidence that-
a
all parties to the mediation agree to the obtaining of the mediation evidence;
b
obtaining the mediation evidence is necessary for overriding considerations of public policy in accordance with article 7(1)(a) of the Mediation Directive; or
c
the disclosure of the content of an agreement resulting from mediation is necessary to implement or enforce that agreement.
3
When considering a request for a witness summons, permission under rule 22.8 or 23.4 or order under rule 24.7, 24.9, 24.10(4) or 24.12, the court may invite any person, whether or not a party, to make representations.
4
Where this rule applies, Parts 21 to 24 apply to the extent they are consistent with this rule.