Mediation (Civil and Commercial Disputes) Act 2026 · As enacted
8. How a mediation can be initiated
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
A mediation of a dispute shall be initiated –
where there is a mediation agreement and a Mediation Service Provider is named therein, by a party to the dispute by written notice to such Mediation Service Provider, that a dispute has arisen, and requesting that mediation proceedings be commenced and forwarding a copy of the Notice to the other party or parties to the dispute; or
where there is a mediation agreement and a Mediation Service Provider is not named therein, by a party forwarding to the other party or parties to the dispute, a written notice that the dispute will be referred to mediation and nominating a Mediation
Service Provider to whom a copy of such notice shall be forwarded; or
where there is no mediation agreement-
by the parties to the dispute jointly forwarding to an agreed Mediation
Service Provider, a written notice to commence mediation which may contain a nomination of a mediator if agreed upon; or
a party forwarding to the other party or parties to the dispute, an invitation to refer the dispute to mediation and nominating a Mediation Service
Provider to whom a copy of such invitation shall be forwarded.
If the party that invited the other party or parties to refer the dispute to mediation as provided for in subparagraph (ii) of paragraph (c) of subsection (1) does not receive an acceptance of the invitation within a period of thirty days from the date of transmission of the invitation or such other period of time as specified in the invitation, the party forwarding the invitation may consider it as a rejection of the invitation.
Where mediation of a dispute is initiated by a party in terms of subsection (1) above, the Mediation Service
Provider shall, on receipt of the notice, forthwith proceed to take such steps as are necessary to appoint a mediator and to commence the mediation.