Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court35A. Mediation |
| (1) | If at any stage during the proceedings under this Act or any other Act conferring jurisdiction upon the Court it becomes evident that there is any issue which might be resolved through mediation and negotiation, the Court may make an order— |
| (a) | directing the parties concerned to attempt to settle the issue through a process of mediation and negotiation; |
| (b) | that such proceedings be stayed pending such process. |
[Section 35A(1) substituted by section 3 of Act No. 61 of 1998]
(2)
| (a) | An order contemplated in subsection (1) shall specify the time when and the place where such process is to start. |
| (b) | The Court shall appoint a fit and proper person as mediator to chair the first meeting between the parties: Provided that the parties may at any time during the course of mediation or negotiation by agreement appoint another person to mediate the dispute. |
| (3) | A mediator appointed in terms of subsection (2)(b) who is not in the full-time service of the State may be paid such remuneration and allowances in respect of the services performed by him or her as may he determined by the Minister in consultation with the Minister of Finance and the President of the Court. |
| (4) | All discussion taking place and all disclosures and submissions made during the mediation process shall be privileged, unless the parties agree to the contrary. |
[Section 35A inserted by section 26 of Act No. 63 of 1997]