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10. Constitution of Mediation Board

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Upon receipt of an application under section 7

or upon a reference made to him under section 9, the Chairman shall ascertain from the parties to the dispute, their preferences as to the manner of constituting a Mediation Board and shall in accordance with the preferences expressed, either —

(a)

constitute a Mediation Board under subsection (2) ;

or

(b)

allow the parties to the dispute to select a pre-constituted Mediation Board under subsection (3).

(2)

Where all the parties to the dispute express a preference for the constitution of a Mediation Board under subsection (1), the Chairman of the Panel shall, constitute a

Mediation Board (hereinafter referred to as the “Board”) of three members, consisting of—

(a)

one member selected by each party to the dispute ;

and

(b)

one member selected by the members selected under paragraph (a), from the Panel appointed for that Special Mediation Board area :

Provided however, that where the parties to the dispute referred to in paragraph (a) or the members referred to in paragraph (b) are unable to agree as to their respective selections, the Chairman of the Panel shall make the necessary selection :

Provided further, that where any party to a dispute referred to in paragraph (a), expresses in writing, his unwillingness to make a selection under that paragraph, such selection shall be made by lot drawn by the Chairman of the Panel. Where such party for any reason, objects to the member first selected by the drawing of lots, the Chairman shall make a further selection by drawing lots.

(3)

Where all the parties to the dispute express a preference for the reference of the dispute in respect of which the application or reference is made, to a pre-constituted

Board, the Chairman of the Panel shall allow the parties to select any Board from among the Boards, each consisting of three members, (including a Chief Mediator appointed by the

Chairman), previously constituted by the Chairman, from the

Panel appointed for that Special Mediation Board Area.

(4)

Where all the parties to the dispute express a preference for reference of the dispute to a Mediation Board constituted under subsection (2), the member selected under paragraph (b) of that subsection shall act as the Chief Mediator of the Board (hereinafter referred to as the “Chief Mediator”) :

Provided that where the Chairman of the Panel is selected as a member of the Board, the Chairman shall act as its Chief

Mediator.

(5)

Upon the constitution or selection as the case may be, of the Board, the Chairman of the Panel shall refer the dispute in respect of which the application or reference has been made to such Board for settlement by mediation.