Labour Mediation Act(LMA)Category: Business and Finance
Drafted by: Geilinor(LD)
Sponsors: Maklohi Vai(LD), The Licentian Isles(LD), The Nihilistic View(NLP), New Vangskria(LFP)
Preamble
Differences can often come up during negotiations between employees or labour unions and employers, which have the potential to become harmful to both sides. The mediation process shall be created with the intent to avoid a situation where legal representation is necessary to resolve a dispute. However, it is not intended to discourage a party from seeking legal counsel if they so choose. The mediator will work with all parties including legal counsel if a party has counsel or at some point in the process obtains counsel.
Section 1-Definitions
1. "Mediation" shall be defined as a form of alternative dispute resolution, a way of resolving disputes between two or more parties with concrete effects. A third party, the mediator, assists the parties to negotiate a settlement.
2. "Mediator" shall be defined as a professional trained in the field of mediation. In other words, a person who attempts to make people involved in a conflict come to an agreement.
Section 2 - National Mediation Board(NMB)
1. Establishes the National Mediation Board as a department of the Ministry of Work, which shall work to help mediate labour disputes.
2. The NMB shall be governed by a board of directors.
3. The NMB shall process requests for mediation and be responsible for acting upon them within a reasonable time frame.
4. The NMB shall be responsible for hiring or contracting trained mediators to preside over negotiations.
Section 3 - Mediation Requests
1. Employees and employers may submit mediation requests to the NMB for consideration.
2. The NMB shall contact the parties when the request is approved.
Section 4- Mediation Processes
1. Upon the approval of a mediation request, a mediation committee shall be formed, consisting of one mediator and an equal number of representatives from both the employee and employer sides.
2. Mediation sessions shall be conducted with the parties by telephone either individually, in jointly attended conference calls, through video conferencing or in person meetings.
3. The mediator may suggest options to resolve the dispute. The mediator shall be responsible for keeping a record of settlement discussions and may issue a recommended statement for the parties. Once a recommendation is received the parties have 10 days to advise the mediator whether they accept the recommendation or not.
4. The mediator will not divulge information disclosed to the mediator by a party or a witness in the course of mediation. All records, reports, or other documents received by the mediator while serving in that capacity are confidential.
5. Any agreement(s) reached as a result of mediation must be documented in writing and signed by the employer, the corresponding employees and the mediator.
Section 5-Termination of Mediation
1. The mediation shall be terminated by:
a. The execution of a settlement agreement by the parties or a memorandum of settlement by the mediator identifying the settlement terms;
b. A written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or
c. A written declaration of a party or parties to the effect that the mediation proceedings are terminated.
Hereby passes the LMA.
Any comments before this goes to the chamber?




