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ProjTitle.icon Article 18: Admissibility of Evidence in Other Proceedings

1.     The mediator, the parties and any person who has participated in or seen the mediation proceedings may not infer or testify against any party what has come to his knowledge or saw through the mediation procedures, even if it relates to a dispute other than the dispute under mediation, including the call for mediation, the declarations, offers and proposals submitted within the mediation procedures, and the data, information and documents prepared solely for the mediation proceedings or resulting from the mediation.

2.     The court, the arbitral tribunal or any authority competent to hear the dispute may not order testimony or inference contrary to the provisions of paragraph (1) of this article, and must not accept the evidence submitted to the contrary, unless a special legal text is made to the contrary.

3.     Legally accepted evidence is not considered unaccepted for its use in mediation with the possibility of inference from it prior to mediation. ​

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