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.

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات