a)
Select the mediator or mediators;
b)
Set the terms of engagement of the mediator or mediators;
c)
Set the date, time and venue of any mediation meetings; and
d)
Choose the procedure for the mediation.
3.
Where the parties fail to agree on any matter pursuant to the preceding paragraph, the
Authority shall take a position on such matter.
4.
The Authority may, pursuant to the present Decree-Law, reject any mediator selected by
the parties and the agreed terms of engagement.
5.
A mediation proceeding shall not result in a resolution of the dispute but rather shall
promote the negotiation of an agreement, including:
a)
Consultation with the parties, together or separately, to facilitate communication between
them;
b)
Assistance to the parties to understand their respective perspectives, objectives and
constraints, and the relevant facts;
c)
Guidance in the negotiation process and pursuit of a mutually acceptable resolution to the
dispute; and
d)
Where full resolution cannot be achieved, clarification of the remaining unresolved
issues.
6.
The Authority may terminate the mediation and issue a decision on the dispute in
accordance with the following article if at any time it is of the opinion that the parties are
unlikely to reach agreement within a reasonable period of time.
Article 56
Administrative dispute resolution
1.
Where the Authority refers the dispute to administrative dispute resolution pursuant to
subparagraph b) of paragraph 2 of article 54 or paragraph 6 of the preceding article, it
shall hear the dispute and issue a determination in a reasoned written decision resolving
the matter on which the parties failed to agree.
2.
The Authority shall determine the procedure for the administrative dispute resolution.
3.
Each party to the dispute shall have an opportunity to respond to the other’s submissions.
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