Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Regulations

Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

31. Withdrawal, settlement, or other grounds for termination

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(1)If, subject to the provisions of regulation 17(3) and 17(4), a dispute is deemed to have been withdrawn, the provider must refund the complainant the fixed fee less any administration costs incurred to date.

 

(2) If, before the appointment of an adjudicator, the parties agree on a settlement, subject to the provisions of regulation 12(1), the provider must terminate the dispute and refund the complainant the fixed fee less any administration costs incurred to date.

 

(3)If, after the appointment of an adjudicator but before the adjudicator's decision is made, the parties agree to settle subject to the provisions of regulation 12(1), the adjudicator must terminate the dispute, and the parties shall forfeit all fees paid to date.

 

(4)If, before the adjudicator's decision is made, it becomes unnecessary or impossible to continue with the dispute, the adjudicator must terminate the dispute, unless a party objects to such termination.

 

(5)In the event that the dispute is terminated in accordance with subregulation (4), the parties shall forfeit all fees paid to date.