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Property Practitioners Act, 2019 (Act No. 22 of 2019)

Chapter 5 : Compliance and Enforcement

29. Mediation

 

(1) An Authority may—
(a) if it believes that a complaint may be resolved through mediation; or
(b) on application by the person concerned,

refer the complaint for mediation, as prescribed.

 

(2) Within seven days of referral to mediation, the Authority must appoint a suitably qualified person as a mediator.

 

(3) The mediator must within seven days of appointment—
(a) give notice of the mediation as prescribed to all parties concerned; and
(b) set the matter down for mediation within 30 days.

 

(4)

(a) The mediator assists the parties to resolve the dispute.
(b) If the parties come to an agreement which resolves the matter or mediation has failed, the mediator must—
(i) issue a certificate stating the outcome of the mediation; and
(ii) serve a copy of that certificate on each party to the dispute.

 

(5) The Authority must keep the records of all mediation proceedings, including the agreements where applicable, as prescribed.

 

(6) Notwithstanding the provisions of subsection (1), property practitioners may consent to refer an inter-property practitioners’ dispute for mediation by the Authority, and the Authority may provide such mediation service on a cost recovery basis.

 

(7) If a matter is not resolved as contemplated in this section, the matter must be adjudicated in accordance with section 30.