5. Court proceedings not to be instituted or be entertained prior to conclusion of mediation, where parties have agreed to mediate

Where parties to a dispute have agreed to mediate in terms of a mediation agreement or where mediation proceedings have commenced in terms of this Act even in the absence of a mediation agreement, notwithstanding anything to the contrary in any other written law, no proceedings in regard to such dispute shall be instituted in or be entertained by a court, unless a certificate of non-settlement in respect of such dispute which constitutes the cause of action in such proceedings, is produced.

The provisions of subsection (1) shall not apply where a party to a dispute referred to therein seeks relief in respect of any provisional remedy sought under Part V of the Civil Procedure Code or any other law, and any action instituted in respect of any such matter may be entertained and determined by a Court only in so far as it relates to the grant of such provisional remedy.