Sri Lanka Consolidated Acts

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Mediation (Special Categories Of Disputes) Act (No. 21 of 2003) - Sect 8

No action to be instituted without a certificate or non-settlement

8.
(1) Where a Panel has been appointed under this Act in respect of a Special Mediation Board Area, no proceedings in regard to a dispute arising wholly or partly within such area in respect of anyone or more of the categories of disputes determined under section 2, where the monetary value of the subject matter of such dispute is less than such sum as shall be specified by the Minister by Order published in the Gazette, shall be instituted in or entertained by a court of first instance, unless it is accompanied by a certificate of non-settlement issued under paragraph (a) of section 14 or subsection (2) of section 17.
(2) Notwithstanding the provisions of subsection (1), where a party to a dispute referred to in that subsection prays for relief in the form of any provisional remedy under Part V of the Civil Procedure Code, or where a party to any dispute in respect of which an application has been made under section 7 subsequently institutes an action in any court in respect of that dispute including a prayer for a provisional remedy under Part V of the Civil Procedure Code, the court may entertain and determine such action in so far as it relates only to the grant of such provisional remedy, and shall after such determination
(a) where no application has been made under section 7 in respect of the dispute constituting the cause of actor before it, refer such dispute to the Chairman of the appropriate Panel for mediation; or
(b) where an application has been made under section 7 in respect of the dispute, direct the Chairman, of the appropriate Panel where a Board has not yet been constituted, or the appropriate Board, as the case may be, to continue mediation in respect of that dispute.
(3) Nothing contained in subsection (1) shall preclude any party to the dispute from making an application to a Mediation Board established under the Mediation Boards Act, No. 72 of 1988, unless the monetary value of the subject matter of such dispute in relation to which the application was made, exceeds twenty-live thousand rupees in value.


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