Mediation Rules

H. CONFIDENTIALITY

Article 10

The mediator, the parties, their representatives and advisers, experts and any other persons present during the meetings between the parties may not disclose to any third party any information given to them during the mediation, unless required by law to do so.

Under their own responsibility, the parties undertake not to compel the mediator to divulge records, reports or other documents, or to testify in regard to the mediation in any arbitral or judicial proceedings.

Any information given by one party may be disclosed by the mediator to the other party only with the consent of the former.

No record of any kind shall be made of the meetings. All the written documents shall be returned to the party providing these upon termination of the mediation, and no copy thereof shall be retained.

The parties shall not rely on, or introduce as evidence in any arbitral or judicial proceedings:

  1. views expressed or suggestions made by a party with respect to a possible settlement of the dispute;

  2. admissions made by a party in the course of the mediation proceedings;

  3. documents, notes or other information obtained during the mediation proceedings;

  4. proposals made or views expressed by the mediator; or

  5. the fact that a party had or had not indicated willingness to accept a proposal.

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CAS Mediation Rules

A. DEFINITIONS

B. SCOPE OF APPLICATION OF RULES

C. COMMENCEMENT OF THE MEDIATION

D. APPOINTMENT OF THE MEDIATOR

E. REPRESENTATION OF PARTIES

F. CONDUCT OF MEDIATION

G. ROLE OF THE MEDIATOR

H. CONFIDENTIALITY

I. TERMINATION

J. SETTLEMENT

K. FAILURE TO SETTLE

L. COSTS

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