Section 72 Arbitration and Mediation Act 2023 is about Number and appointment of mediators. It is under Part II (Mediation) of the Act.
(1) There shall be one mediator, unless the parties agree to have two or more mediators.
(2) The parties shall endeavor to reach agreement on a mediator or mediators, unless a different procedure for their appointment has been agreed upon.
(3) A party may seek the assistance of a mediation provider that he keeps a list of qualified mediators in connection with the appointment of mediators and in particular a party may request-
(a) the mediation provider to recommend suitable persons to act as mediator; or
(b) that the appointment of one or more mediators be made directly by the mediation provider, and the appointment made by the institution that is approached is final and binding on the parties.
(4) In recommending or appointing individuals to act as mediator, the mediation provider shall have regard to the consideration as are likely to secure the appointment of an independent and impartial mediator and, where appropriate, shall take into account the advisability of appointing a mediator of a nationality other than the nationalities of the parties.
(5) When a person is approached in connection with possible appointment as mediator, the person shall disclose the circumstances likely to give rise to justifiable doubts as to impartiality or independence.
(6) A mediator, from the time of appointment and throughout the mediation proceedings, shall without delay disclose any circumstance under subsection (5) to the parties unless they have already been informed of them and where the circumstances exist, the mediator shall be permitted to act as a mediator only where the parties agree to it.
