Page:Mediation Act 2017.pdf/10

10 :(i) the disclosure is in compliance with a request or requirement imposed by a regulatory authority and is necessary to enable the regulatory authority to perform its duties or discharge its functions; or
 * (j) the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose.

(3) Despite subsection (2), a person may, with leave of a court or an arbitral tribunal under section 11, disclose a mediation communication to a third party to the mediation—
 * (a) for the purpose of enforcing or disputing a mediated settlement agreement;
 * (b) for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity;
 * (c) for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted, where the person who is a party to those proceedings is required to disclose documents in the person’s possession, custody or power; or
 * (d) for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case.

(4) In this section—
 * “disclosure”, in relation to information, includes permitting access to the information;
 * “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;
 * “regulatory authority” means any body or organisation in Singapore charged with the public function of regulating entities or individuals, whether under any written law or otherwise.