Section 89 — Residential Tenancies Act 1986: Statements made in mediation to be subject to privilege

89 Statements 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) of this section shall apply if— (a) The parties to the dispute consent to the admission of the statement; or (b) The statement is otherwise admissible in any criminal proceedings and the defendant in those proceedings adduces it; or (c) The statement is otherwise admissible in any criminal proceedings in which a person is charged with an offence— (i) Against the person; or (ii) Against rights of property; or (iii) Of threatening, conspiring, or attempting to commit an offence against the person or against rights of property,— being an offence arising from an act or omission occurring after the statement was made; or (d) 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.