Sri Lanka Consolidated Acts

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Mediation (Special Categories Of Disputes) Act (No. 21 of 2003) - Sect 10

Constitution of Mediation Board

10.
(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),
(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") :
(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.


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