Mediation Act, 2023 - Fifth Schedule

Fifth Schedule of Mediation Act 2023

The Fifth Schedule, read with Section 60 of the Mediation Act, 2023, amends clause (f) of Section 4 of the Legal Services Authorities Act, 1987. The amendment expressly includes online settlement and identifies negotiation, arbitration, mediation and conciliation as methods through which settlement of disputes may be encouraged.

Fifth Schedule - See Section 60

In the Legal Services Authorities Act, 1987 (39 of 1987), in section 4, for clause (f), the following clause shall be substituted, namely:-

"(f) encourage the settlement of disputes, including online by way of negotiations, arbitration, mediation and conciliation;".

What Section 60 of the Mediation Act, 2023 does

Section 60 is an amending provision of the Mediation Act, 2023. It provides that the Legal Services Authorities Act, 1987 is amended in the manner specified in the Fifth Schedule. Accordingly, the Fifth Schedule supplies the substituted text of Section 4(f) of the 1987 Act.

Meaning and effect of the amendment

Section 4 of the Legal Services Authorities Act, 1987 sets out functions of the National Legal Services Authority. The substituted clause (f) concerns encouragement of settlement of disputes. Its wording expressly recognises that settlement may take place online and may be pursued by negotiations, arbitration, mediation and conciliation.

The amendment should be read as part of the wider statutory framework created by the Mediation Act, 2023 for promoting and facilitating mediation, including online mediation, while the particular procedure and legal effect of a process depend on the law governing that process.

Legal reference: The Mediation Act, 2023 is Act No. 32 of 2023. The Fifth Schedule is linked to Section 60 and amends Section 4(f) of the Legal Services Authorities Act, 1987.

Related provisions

For the connected amendments to other enactments, see Sections 58 to 65 of the Mediation Act - Amendments to other Acts. You may also refer to the Mediation Act 2023 overview and the other Schedules linked on this page.