Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)RegulationsAlternative Dispute Resolution RegulationsChapter III : Alternative Dispute Resolution Procedure19A. Informal mediation |
| (1) | Within two days of being informed by the provider as contemplated in regulation 19(3), the Authority will begin to conduct informal mediation. Informal Mediation will be conducted in a manner which the Authority, in their sole discretion, considers appropriate. No informal mediation will occur if the Registrant does not file a response. |
| (2) | Negotiations conducted between the Parties during informal mediation (including any information obtained from or in connection to negotiations) shall be confidential, that is they will not be shown to the adjudicator. Neither the Authority nor any Party may reveal details of such negotiations to any third parties unless a court of competent jurisdiction orders disclosure, or the Authority or either Party are required to do so by applicable laws or regulations. Neither Party shall use any information gained during mediation for any ulterior or collateral purpose or include it in any submission likely to by any adjudicator or judge in this dispute or any later dispute or litigation. |
| (3) | If the Parties reach a settlement during informal mediation then the existence, nature and terms of the settlement shall be confidential, unless the Parties specifically agree otherwise or a court of competent jurisdiction orders otherwise. |
| (4) | No binding verbal agreements can be reached as part of the informal mediation: any settlement reached by the Parties must be in writing or similar electronic form to be enforceable. |
| (5) | If the Parties reach a settlement and agree that a disputed domain name should be transferred to the complainant, the Authority must communicate the decision to the second level domain administrator to be implemented as contemplated by regulation 30(4). |
| (6) | If the Parties do not achieve an acceptable resolution through informal mediation within five days, the Authority must within two days inform the provider to appoint an adjudicator in accordance with regulation 20, which appointment must be done by the provider within two days. |
| (7) | No Party may ask the Authority (including their directors, officers, employees, contractors, agents) to reveal information or materials gained as a result of any informal mediation under these Regulations unless such disclosure has been ordered by a court of competent jurisdiction. Neither Party shall call the Authority (including their directors, officers, employees, contractors, or agents) as a witness (either in person or to produce documents or other materials) in any proceedings which arise in connection with, the matters discussed in the mediation. |
[Regulation 19A inserted by regulation 11 of Notice No. 1246, GG 41237, dated 10 November 2017]