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As enacted

20. Admissibility of a Settlement Agreement in court proceedings

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where in any court proceeding, a dispute arises concerning a matter which a party to such proceedings claims has already been settled in terms of a mediated Settlement

Agreement, subject to the provisions of subsection (2), such

Settlement Agreement shall be admissible as evidence to establish that such matter has already been settled.

(2)

Where in any court proceeding, an application is made to admit a Settlement Agreement as evidence, the application shall be allowed and the validity of the Settlement

Agreement shall not be permitted to be challenged in such proceedings unless the High Court has, upon an application made by a party to the Settlement Agreement in terms of section 22 made an Order refusing the grant of a decree of court in respect of that Settlement Agreement in terms of section 26.

(3)

Where in any court proceeding, an application is made to admit a Settlement Agreement as evidence and a party to that Settlement Agreement objects to its admission and an application for a decree of court has not been made under section 22 by either party, or an Order of court is pending upon such an application having been made by a party, the court shall, as the case may be-

(a)

make order directing the party seeking to admit such Settlement Agreement to make an application in terms of section 22 to have the settlement entered as a decree of court and stay the proceedings; or

(b)

stay the proceedings until the Order is made by the High Court.

(4)

A party to whom an Order is issued under paragraph (a) of subsection (3), shall take necessary steps to make an application in terms of section 22 of the Act within thirty days of making of such Order, notwithstanding the time limit referred to in section 22.