Mediation Act (Cap. 474)

Mediation Act (Cap. 474), article 21

Official PDF on legislation.mt

21. (1) Prior to accepting a mediat ion, a mediator shall - (a) determine, as is reasonably possible, whether there are any known facts that a reasonable individual would consider likely to affect his impartiality as a mediator; (b) disclose any such known facts to the mediation parties as soon as is possible. (2) If a mediator becomes aware of any fact described under subarticle (1)( a) after accepting a mediation, the mediator shall disclose it to the parties as quickly as practicable. (3) After the disclosure of any f act under subarticles (1) or (2 ), a mediator shall decline to media te unless all the parties give him their express consent to proceed with t he mediation. (4) Where a mediator deems that there is a conflict of interest giving rise to the slightest reasonable doubt as to the integri ty of 8 [CAP. 474. MEDIATION the process, the mediator shall decline to proceed regardless o f the consent of the parti es to the contrary. (5) If a mediator declines to mediate, a new or substitute mediator shall be appointed or chosen pursuant to the procedure provided for in article 20. Challenge of mediator. Amended by: IX. 2010.25.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.