Part 4 — Civil Claims
67 Privilege
place during a pre-trial conference, binding judicial dispute
resolution proceeding or mediation are privileged and are not
admissible in any action under this Part or in any other civil action.
(2) Neither a judge who conducts a pre-trial conference or binding
judicial dispute resolution proceeding nor a mediator who conducts
a mediation is compellable to give evidence in any court or in any
proceedings of a judicial nature concerning any proceeding,
discussion or matter that takes place during or with respect to the
pre-trial conference, binding judicial dispute resolution proceeding
or mediation.
(3) Subsection (1) does not apply
(a) to any order made under section 64;
(b) to any written agreement aris ing from a pre-trial conference,
binding judicial dispute resolution proceeding or mediation;
(b.1) to any judgment resulting from a binding judicial dispute
resolution proceeding;
(c) to the admission in eviden ce of factual evidence relating to
the claim or counterclaim that would otherwise be
admissible except for the operation of subsection (1);
(d) to any facts that are relevant to the issue of the validit y or
enforceability of an agreement arising from a pre-trial
conference, binding judicial dispute resolution proceeding
or mediation.
(4) Subsection (2) does not apply where a judge or a mediator is
required by law to disclose those discussions if the disclosure is to
the person who under that law is entitled to receive the disclosure.
(5) The Access to Information Act and Protection of Privacy Act
do not apply to any document, information or record arising during
or as a result of a pre-trial conference, binding judicial dispute
resolution proceeding or mediation.
RSA 2000 c16(Supp) s24;2015 c12 s6;AR 141/2025