Section 73 Arbitration and Mediation Act 2023

Section 73 Arbitration and Mediation Act 2023 is about Conduct of mediation, fees and expenses. It is under Part II (Mediation) of the Act.

(1) Parties are free to agree, by reference to a set of rules or otherwise, on the manner in which the mediation is to be conducted, and the parties shall attend and participate in the mediation in good faith.

(2) Where no agreement on the manner in which the mediation is to be conducted, the mediator may conduct the mediation proceedings in a manner as the mediator considers appropriate, taking into account the circumstances of the case, any wish that the parties may jointly express and the need for a speedy settlement of the dispute.

(3) In any case, in conducting the proceedings, the mediator shall seek to maintain fair treatment of the parties and, in so doing, shall take into account the circumstances of the case and the mediator’s obligations shall be equal with regards to all parties.

(4) The mediator shall-
(a) promote communication between the parties; and
(b) ensure that the parties are integrated into the mediation process in an appropriate and fair manner.

(5) The parties and the mediator may agree that all or any of the mediation sessions are to be carried out by electronic means, by video conference or other similar means of transmission of the voice or image, provided that the identity of the parties concerned are ensured and comply with the principles of mediation laid down in this Part.

(6) The mediator may, with the agreement of the parties, at any stage of the mediation proceedings, make proposals for a settlement of the dispute but does not have the right to impose a settlement on the parties and the proposal may be based on what the mediator deems appropriate in view of what the parties have brought forward in the mediation.

(7) A mediator is entitled to a fee and reimbursement of expenses incurred in connection with mediation unless the mediator agreed to mediate without a fee and the parties bear their own costs, and unless the parties agree otherwise, the fee and expenses of the mediator as well as the fees of the mediation provider shall be borne by the parties in equal shares.