Sri Lanka Consolidated Acts

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Mediation (Special Categories Of Disputes) Act (No. 21 of 2003) - Sect 11

Duties of a Board

11. Where any dispute is referred to any Board under subsection (5) of section 10, it shall be the duty of such Board by lawful means to endeavour to bring the parties to the dispute to an amicable settlement and to remove with their consent wherever practicable, the real cause of the grievance between them so as to prevent a recurrence of the dispute. and for this purpose shall-
(a) notify the parties concerned and such other persons as the Board may consider necessary, to be present at a mediation conference either together or individually at a specified time and place, and shall state in such notification that if anyone of the parties fails to be present at such conference, the absence of such party concerned shall be stated in the certificate of non-settlement issued or in the report submitted to court, under section 14 .
(b) require any person notified to be present to bring to any such conference any witnesses or documents. which may be of assistance in arriving at a settlement
(c) convene as many mediation conferences as may be necessary to arrive at a settlement;
(d) comply with the procedure as prescribed which is required to be observed in the conduct of mediation sessions;
(e) maintain confidentiality in respect of all evidence given, documents submitted and of any other matters that are revealed or discussed during the conduct of mediation sessions;
(f) obtain where necessary advice of any person who has special knowledge or expertise pertaining to the subject matter of the dispute in instances where the Board considers it necessary and helpful in arriving at a settlement;
(g) endeavour to reach a settlement which is acceptable to both parties to the dispute; and
(h) complete its proceedings within the time limit specified in section 15 and in the event of failure to do so, issue a certificate of non-settlement or submit a report to court, as the case may be, under section 14.


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