Mediation (Civil and Commercial Disputes) Act 2026 · As enacted
16. Confidentiality of mediation proceedings
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Subject to the provisions of subsection (3), a mediator, the parties to the mediation and all other persons that participate in a mediation for the settlement of a dispute shall maintain confidentiality with regard to matters discussed during the mediation, including the following: -
statements made, opinions expressed, options and proposals for settlement generated by a party;
interpretations offered by any party or any professional;
an invitation by a party to engage in mediation or the fact that a party was willing to participate in mediation;
the fact that a party had or had not been willing to accept any proposals made for settlement; and
a document prepared primarily for mediation.
Subject to the provisions of subsection (3), all statements made by any person with regard to any matter referred to in subsection (1), during a mediation shall be made without prejudice, and shall not be admissible in evidence in any court of law or in any arbitration or other dispute resolution process except where disclosure is required under the law or for the purposes of implementation or enforcement of the Settlement Agreement, and accordingly, no party to a mediation shall seek to introduce any such matter in evidence in any court, arbitration or other process and the court, Arbitral tribunal or other authority shall not take cognizance of such matters. .
Evidence that is otherwise admissible in arbitral, judicial or other dispute resolution proceedings shall not become inadmissible as a consequence of having been used or disclosed in a mediation.
No person, including the parties to the mediation, the Mediation Service Provider and the mediator, shall make an audio or video recording of mediation proceedings whether conducted in person or virtually.