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The Commission recommends that the confidentiality privilege does not apply -- where disclosure of the content of the agreement resulting from mediation or conciliation is necessary in order to implement or enforce that agreement; where disclosure is necessary to prevent physical or psychological injury or ill health to a person; where disclosure is required by law; where the mediation or conciliation communication is used to attempt to commit a crime, or to commit a crime, or to conceal a crime; or where disclosure is necessary to prove or disprove a claim or complaint of professional misconduct or negligence filed against a mediator or conciliator.
The Commission recommends that evidence introduced into it used in a mediation or conciliation that is otherwise admissible or subject to discovery in civil proceedings outside of a mediation or conciliation shall not be or become inadmissible because it was introduced into or used in a mediation or conciliation.
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