Section 83 Arbitration and Mediation Act 2023

Section 83 Arbitration and Mediation Act 2023 is about Requirements for reliance on settlement agreements. It is under Part II (Mediation) of the Act.

(1 ) Subject to section 87 of this Act party relying on a settlement agreement shall supply to the Court-
(a) the settlement agreement signed by the parties; and
(b) evidence that the settlement agreement resulted from mediation, such as –
(i) the mediator’s signature on the settlement agreement,
(ii) a document signed by the mediator indicating that the mediation was carried out,

(iii) an attestation by the mediation provider that administered the mediation, or
(iv) in the absence of (i), (ii) or(iii), any oilier evidence acceptable to the Court.

(2) The requirement that a settlement agreement shall be signed by the parties or, where applicable, the mediator, is met in relation to an electronic communication if-
(a) a method is used to identify the parties or the mediator and to indicate the parties’ or mediator’s intention in respect of the information contained in the electronic communication; and
(b) the method used is either –
(i) as reliable and as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement, or
(ii) proven in fact to have fulfilled the functions described in subparagraph (a), by itself or together with further evidence.

(3) Where settlement agreement is not in an official language of this State, the Court may request a translation from it into the official language.

(4) The Court may require any necessary document in order to verify that the requirements of this section have been complied with.

(5) When considering the request for relief, the Court shall act expeditiously.