Section 154 - Mediation

(1) Subject to the time limit in respect of essential services, if the parties fail to settle a dispute by negotiation within seven days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the Commission and seek the assistance of the Commission for the appointment of a mediator.

(2) Where the Commission is satisfied that the parties have not exhausted the procedures established in the collective agreement or have not agreed to waive those procedures, the Commission shall order the parties to comply with those procedures within such time as the Commission may determine.

(3) When the Commission is satisfied that

(a) the parties have exhausted the procedures established in the collective agreement;

(b) the parties have failed to settle the dispute; and

(c) none of the parties has sought the assistance of the Commission to appoint a mediator,

the Commission shall request the parties to settle the dispute by mediation within three days of the Commission becoming aware of the non-resolution of the dispute.

(4) Where the parties agree to mediate and at the end of the mediation proceedings there is settlement of the dispute, the agreement between the parties as regards the terms of the settlement shall be recorded in writing and signed by the mediator and the parties to the dispute.

(5) The settlement agreement referred to in subsection (4) shall be binding on all the parties unless the agreement states otherwise.

(6) When at the end of a mediation proceedings, no agreement is reached, the mediator shall immediately declare the dispute as unresolved and refer the dispute to the Commission.