MEDIATION BOARD'S ACT

Arrangement of Sections

1. Short title.

2. Appointment of Commission.

3. Power and duties of Commission.

4. Mediation Board Area.

5. Appointment of panel of Mediators.

6. Jurisdiction of Mediation Board.

7. Action other than those involving the grant of any provisional remedy not to be filed without certificates of non-settlement.

8. Reference by court.

9. Constitution of Mediation Board.

10. Duties of Mediation Board.

11. Where settlement to reached.

12. Where no settlement is possible.

13. Time limit within which Board must act.

14. Failure to comply with or violation of settlements.

14A. Certificates of non-settlement.

14B. Certificates of non-settlement evidence in evidence.

15. Representation.

16. Privileges

17. Prescription.

18. Offence settled by a Mediation Board deemed to be compounded.

19. Grama Seva Niladhari to assist the Board.

20. Members of Board deemed to be public servants.

21. Board deemed to be a Scheduled Institution.

22. Defect in constitution of Board not to invalidate acts and proceedings of Board.

23. Regulations.

24. Interpretation.

SCHEDULES

72 of 1988,

15 of 1997,

21 of 2003,

4 of 2011,

9 of 2016.

AN ACT to provide for the establishment of Mediation Boards in arms to be specified by the Minister; to define the powers and duties of such Boards, and to make provision for matters connected therewith or incidental thereto.

[Date of Commencement: 17th December, 1988]

1. Short title.

This Act may be cited as the Mediation Boards Act.

2. Appointment of Commission.

(1) The President shall appoint a Commission consisting of five persons (hereinafter referred to as the “Commission”) three of whom at least shall be from among persons who have held judicial office in the Supreme Court or the Court of Appeal. The President shall nominate as Chairman of the Commission one of the three members who have held judicial office as aforesaid.

(2) The Chairman and Commissioners shall hold office for a period of three years unless any one of them earlier dies, resigns or is removed from office:

Provided however, that, if at the expiration of the period of office of the Chairman or the Commissioners the new members of the Commission have not been appointed, the Chairman and Commissioners holding office on the day immediately prior to such expiration, shall continue in office until the new members are appointed.

(3) The Chairman or any Commissioner vacating office upon the expiration of his term of office shall be eligible for re-appointment.

(4) —

(a) The Chairman or any Commissioner may resign office by letter addressed to the President.

(b) The President may without assigning a reason remove the Chairman or any Commissioner from office.

(5) The Chairman or any Commissioner who has resigned or has been removed from office shall not be eligible for re-appointment.

(6)—

(a) Where any vacancy arises in the Commission, by reason of death resignation or removal of the Chairman on any commissioner, the President shall fill such vacancy having regard to the provisions of subsection (1).

(b) Any person appointed to fill a vacancy arising from the death, resignation or removal of the Chairman or the Commissioner, shall hold office for the unexpired period of the term of office of his predecessor.

(7) Where a Commissioner becomes, by reason of illness or other infirmity or absence from Sri Lanka temporarily unable to perform the duties of his office, the President may appoint a fit person to act in his place for the period of such incapacity or absence, and where the Commissioner who is so incapacitated or absent from Sri Lanka is the Chairman of the Commission, the President shall appoint another Commissioner who has previously held judicial office to act in his place until the resumption of duties by the Chairman of the Commission.

(8) The Chairman and the Commissioners shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of finance.

(9) Three members of the Commission shall constitute the quorum for any meeting of the Commission and the Chairman shall preside at all meetings of the Commission. The Commission may regulate its own procedure in regard to meetings of such Commission and the transaction of business at such meetings.

(10) No act or proceeding of the Commission shall be deemed invalid by reason only of any defect in the appointment of the Chairman or any Commissioner.

3. Power and duties of Commission.

The Commission shall—

(a) appoint, transfer, dismiss and exercise disciplinary control over Mediators for the purposes of this Act;

(b) supervise and control the performance and discharge by Mediators of their duties and functions under this Act;

(c) issue such directions as may be necessary to such Mediators.

4. Mediation Board Area.

The Minister shall from time to time, by Order published in the Gazette, specify each area (hereinafter referred to as a “Mediation Board area”) to which the provisions of this Act shall apply.

5. Appointment of panel of Mediators.

(1) Upon the publication of an Order under section 4 in respect of a Mediation Board area, the Commission shall take all such steps as are necessary to appoint a Chairman and a Panel or Mediation to such area from among the persons referred to in subsection (2), in accordance with, the procedure set out in the First Schedule to this Act

(2) The persons who shall be eligible for appointment to any Panel of Mediators are—

(a) any person resident in a Mediation Board area or engaged in any work in that area;

(b) any person resident or engaged in any work outside such Mediation Board area if the Commission so decides, in exceptional circumstances; and

(c) any public officer nominated by the Government Agent of the administrative district within which such Mediation Board area is situated:

Provided however that an officer nominated under this paragraph shall be eligible for appointment to the Panel appointed for every Mediation Board area within that administrative district.

6. Jurisdiction of Mediation Board.

(1) Subject to the provisions of subsection (2) any person may make an application to the Chairman of the Panel of any Mediation Board area, for settlement by mediation of any dispute, arising wholly or partly within that Mediation Board area, or any offence specified in the Second Schedule to this Act and alleged to have been committed within that Mediation Board area:

Provided that where the dispute is—

(a) in relation to movable or immovable property, the application shall be made to the Chairman of the Panel appointed for the Mediation Board area within which such movable property is kept or immovable property is situated;

(b) in relation to a contract, the application shall be made to the Chairman of the Panel appointed for the Mediation Board area within which such contract was made; and

(c) in relation to a matter which constitutes a cause of action in a court of law, the application shall be made to the Chairman of the panel appointed for the Mediation Board area within the territorial limits of the court having jurisdiction in respect of such action.

(2) No application made under subsection (1) shall be entertained by the Chairman of a Panel, if one of the disputants is—

(a) the state; or

(b) a public officer acting in his capacity as such officer, where the dispute relates to the recovery of any property, money or other dues; or

(c) the Attorney-General, where the offence is an offence in respect which, proceedings are instituted by the Attorney General.

(3) Every application shall be accompanied by a document evidencing toe fact that the prescribed fee has been paid in the prescribed manner.

7. Action other than those involving the grant of any provisional remedy not to be filed without certificates of non-settlement.

(1) Where a Panel has been appointed for a Mediation Board area, subject to the provisions of subsection (2), no proceeding in respect of any dispute arising wholly or partly within that areas or an offence alleged to have been committed within that area shall be instituted in, or be entertained by any court of first instance if—

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015