(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. |