| Commentary

84.5 Third party immunity

| Commentary

84.5 Third party immunity

There is at present no statutory provision granting mediators and other ADR professionals immunity in respect of an action by one of the parties, for example for alleged breach of confidence or negligence. Parties may wish to consider making provision for such immunity. Parties should also agree that the ADR professional may not be called as a witness by either party in any subsequent legal proceedings and that none of his notes or other records will be subject to any disclosure.

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