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88: Functions of Tenancy Mediators
or “Helpers who try to solve problems between landlords and tenants”
You could also call this:

“ Things said during mediation are private and can't be used in court ”

When you talk to a Tenancy Mediator about a problem, anything you say or write is protected. This means that no one can sue you for what you say during mediation. Also, what you say in mediation can’t be used as evidence in court or other official places.

There are a few times when what you say in mediation might be used. This can happen if you and the other person agree to let it be used. It can also be used in some criminal cases. For example, if you’re accused of a crime that happened after the mediation, or if you’re charged with a crime against a person or property. What you say in mediation can also be used if you’re charged with a crime for something you said during the mediation.

Remember, these rules are there to help you feel safe to speak freely during mediation. They want to make sure you can try to solve problems without worrying about what you say being used against you later.

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Next up: 90: Tenancy Mediator to observe confidentiality

or “The mediator must keep secrets learned during mediation, but there are some exceptions.”
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Part 3 The Tenancy Tribunal
Procedure

89Statements made in mediation to be subject to privilege

  1. This section applies to any oral or written statement (including a statement contained in a document) made in the course of, and for the purposes of or in connection with, the mediation by a Tenancy Mediator of any dispute.

  2. No action in defamation shall lie against any person in respect of any statement to which this section applies.

  3. No evidence of any statement to which this section applies shall be admissible in any proceedings before any court or tribunal, or any person acting judicially.

  4. Nothing in subsection (3) shall apply if—

  5. the parties to the dispute consent to the admission of the statement; or
    1. the statement is otherwise admissible in any criminal proceedings and the defendant in those proceedings adduces it; or
      1. the statement is otherwise admissible in any criminal proceedings in which a person is charged with an offence—being an offence arising from an act or omission occurring after the statement was made; or
        1. against the person; or
          1. against rights of property; or
            1. of threatening, conspiring, or attempting to commit an offence against the person or against rights of property,—
            2. the statement is otherwise admissible in any criminal proceedings in which a person is charged with an offence arising from the making of the statement.