Legal Practice Act, 2014 (Act No. 28 of 2014)RulesLegal Services Ombud RulesPart A14. Mediation, Conciliation and Negotiation |
| (1) | In mediating the dispute, the Ombud shall facilitate discussions between the parties to enable the parties to arrive at a mutually suitable resolution of the dispute. |
| (2) | In conciliating the dispute, the Ombud shall guide and advise the parties to enable the parties to arrive at a mutually suitable resolution of the dispute. |
| (3) | In negotiating a settlement, the Ombud shall recommend proposals to resolve the dispute. |
| (4) | The Ombud or the parties may propose, either in writing or orally, that the dispute be attempted to be resolved by mediation, conciliation or negotiation, either at the commencement of or during an investigation. |
| (5) | Should the parties agree to attempt to resolve the dispute as referred to in sub-rule (4), the agreement shall be reduced to writing and signed by the parties and confirmed by the Ombud. |
| (6) | Pending finalisation of mediation, conciliation or negotiation between the parties, the investigation shall be suspended: Provided that, should the dispute not be resolved within a reasonable time, to be determined in the sole discretion of the Ombud, or should any party withdraw from the dispute resolution process, the investigation shall resume and continue or the Ombud may deal with the matter by any other means that may be expedient in the circumstances. |