Mediation Board Act, No. 72 of 1988 Amended

The Parliament of the Democratic Socialist Republic of Sri Lanka has enacted the Mediation Board (Amendment) Act, No. 2 of 2024, amending the Mediation Board Act, No. 72 of 1988. Here are the key amendments: Mediation Board Act, No. 72 of 1988 Amended

1. Short Title and Replacement of Section 2:

  • The Act is named the Mediation Board (Amendment) Act, No. 2 of 2024.
  • Section 2 of the principal enactment is repealed and replaced to establish a Commission of five members, reflecting the pluralistic character of Sri Lankan society.

2. Appointment, Term, and Removal of Commission Members:

  • Members include those with judicial, legal, administrative, or private sector expertise.
  • The President appoints a Chairman and Commissioners for a three-year term.
  • No appointment after reaching the age of seventy.
  • Provision for resignation, removal, and eligibility for re-appointment.

3. Quorum, Procedure, and Legal Immunity:

  • Three members constitute a quorum for Commission meetings.
  • Chairman and Commissioners receive remuneration determined by the Minister.
  • Legal protection for acts taken in good faith.

4. Amendment of Section 6:

  • Introduction of officers assigned to each Mediation Board area within Divisional Secretariats.
  • Special provision for disputes under the Mediation (Special Categories of Disputes) Act, No. 21 of 2003.

5. Amendment of Section 7:

  • Increase in the monetary value of disputes subject to mediation.
  • Empowerment of the Minister to amend monetary values through regulations.

6. Insertion of Section 9A:

  • Automatic referral of disputes falling under specified categories to the Chairman of the Panel of Mediators.
  • Entitlement for applicants in certain circumstances.

7. Replacement of Section 12:

  • Introduction of a certificate of non-settlement and reasons for non-settlement.

8. Transitional Provision:

  • Existing Chairman and Commissioners continue until the new Commission is appointed.

These amendments aim to enhance the efficiency and effectiveness of mediation processes, ensuring accessibility and fairness in dispute resolution.

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