Mediation Act (Cap. 474)
Mediation Act (Cap. 474), article 21
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.
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.