Question

After successfully mediating a dispute, can the MEDIATOR subsequently act as an ARBITRATOR, or be compelled to give evidence in subsequent proceedings concerning the dispute? Under the Mediation Act, 2023:

A The mediator may, without restriction, arbitrate the same dispute
B The mediator must testify about what the parties said
C Confidentiality does not cover the mediator
D The mediator is disqualified from acting as an arbitrator/judge in the same dispute without the parties' consent, and cannot be compelled to disclose mediation communications, which are confidential
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