RTI does not override fiduciary relationship in mediation
Right to Information
The Central Information Commission held that though the Right to Information Act, 2005 would override the Arbitration and Conciliation Act, 1996, Section 8 of the RTI Act did allow confidentiality in the existence of a fiduciary relationship. It cautioned, if unchecked, parties would utilise their right to information to gather information from mediation as a pre-litigation step – an exploitation not envisaged by the law. Thus, it held public interest in divulging the details of an anticipated confidential mediation was not higher than the protection of such proceedings.
Relevant : Section 8 Right to Information Act, 2005 Act
Tags : RTI FIDUCIARY MEDIATION SPOUSE
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