| (a) |
if it believes that a complaint may be resolved through mediation; or |
| (b) |
on application by the person concerned, |
refer the complaint for mediation, as prescribed.
| (2) |
Within seven days of referral to mediation, the Authority must appoint a suitably qualified person as a mediator. |
| (3) |
The mediator must within seven days of appointment— |
| (a) |
give notice of the mediation as prescribed to all parties concerned; and |
| (b) |
set the matter down for mediation within 30 days. |
(4)
| (a) |
The mediator assists the parties to resolve the dispute. |
| (b) |
If the parties come to an agreement which resolves the matter or mediation has failed, the mediator must— |
| (i) |
issue a certificate stating the outcome of the mediation; and |
| (ii) |
serve a copy of that certificate on each party to the dispute. |
| (5) |
The Authority must keep the records of all mediation proceedings, including the agreements where applicable, as prescribed. |
| (6) |
Notwithstanding the provisions of subsection (1), property practitioners may consent to refer an inter-property practitioners’ dispute for mediation by the Authority, and the Authority may provide such mediation service on a cost recovery basis. |
| (7) |
If a matter is not resolved as contemplated in this section, the matter must be adjudicated in accordance with section 30. |
Diamonds Act, 1986
