5. Insertion of section 9A in the principal enactment

The following new section is hereby inserted immediately after section 9 of the principal enactment and shall have effect as section 9A of that enactment: -

9A. (1) Where an application with regard to a dispute falling under any category of disputes specified in an

Order made under section 2 of the

Mediation (Special Categories of

Disputes) Act, No. 21 of 2003, has been referred to a Mediation Board constituted under section 9 of this Act, such Mediation Board shall ex mero motu, refer such application to the

Chairman of the Panel of Mediators appointed for the same area under the provisions of the Mediation (Special

Categories of Disputes) Act, No. 21 of 2003.

Notwithstanding the provisions of subsection (1), where-

the Panel of Mediators has not been appointed under section 4

a Mediation Board constituted under section 9 fails to refer the application within a period of three months to the Chairman of the Panel appointed under the provisions of the Mediation

The document obtained under subsection (2) shall be deemed to be a certificate of non-settlement issued under section 14A.

Where the parties to the dispute have not objected in arriving at a settlement by initiating proceedings of the Mediation Board constituted under section 9, a certificate of non-settlement referred to in subsection (3) or a settlement reached in the proceedings under this Act, shall not be deemed to be invalid, only due to not making the application to the proper Panel of