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Zambia Statutory instrument

Zambia legislation

Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002

These Rules may be cited as the Industrial Relations Court Shon Title (Arbitration and Mediation Procedure) Rules, 2002. This section defines key terms used in the Rules, including Act, arbitration, Court, Judge,…

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Jurisdiction
Zambia
Structure
35 provisions
Citation
SI 26 of 2002
Dates
As at 19 Apr 2002
More statute details
Dates
As at 19 Apr 2002

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01

Purpose and legislative effect

“These Rules may be cited as the Industrial Relations Court Shon Title (Arbitration and Mediation Procedure) Rules, 2002.”

These Rules may be cited as the Industrial Relations Court Shon Title (Arbitration and Mediation Procedure) Rules, 2002. This section defines key terms used in the Rules, including Act, arbitration, Court, Judge, mediation, mediation officer, party, Registrar, and suit. Parties to a suit may ask the Court, before final judgment, for an order sending the matter to arbitration. If the parties apply under Rule 3, the Court may grant an order of reference and state the number of arbitrators. The parties must nominate the arbitrators, and they may ask the Court to appoint arbitrators if they cannot agree or if a nominee refuses to accept.

02

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Showing 35 of 35 provisions

Provision 31Commencement 4
§ 1These Rules may be cited as the Industrial Relations CourtProvision

These Rules may be cited as the Industrial Relations Court Shon Title (Arbitration and Mediation Procedure) Rules, 2002.

1. These Rules may be cited as the Industrial Relations Court Shon Title (Arbitration and Mediation Procedure) Rules, 2002. lntcrpreta- 11on Cap 269
Section 1Verify source
§ 2In these Rules unless the context otherwise requires­Commencement

This section defines key terms used in the Rules, including Act, arbitration, Court, Judge, mediation, mediation officer, party, Registrar, and suit.

2. In these Rules unless the context otherwise requires­ " Act "means the Industrial and Labour Relations Act; " arbitration "means a process by which parties to a dispute present their cases by the use of evidence to a neutral third party called arbitrator, who renders a decision which is binding on the parties and enforceable; " Court "means the Industrial Relations Court established under section ninety-six, of the Act; " Judge " means the Chainnan or the Deputy Chainnan of the Court; " mediation "means a process by which a neutral third party called a mediator assists parties to a dispute reach a voluntary settlement of their differences through a binding and enforceable agreement; " mediation officer" means the Registrar or Deputy Registrar of the Court or any officer of the Court authorised by the Chainnan to perfom1 the functions of the Registrar; "party" means an applicant, complainant or respondent to a suit; Copies of this Statutory Instrument can be obtai11adfrom the Government Printer. PO Box 30136, 10100 Lusaka. Price K2,500 each. 78 Statuto1y l11struments 19th April, 2002 " Registrar" means the Registrar or Deputy Registrar of the Court and includes any Officer of the Court authorised by the Chairman to perf01m the functions of the Registrar; and " suit "means an action, legal proceedings or other original proce.edings before the Court between parties commenced by Notice of Complaint or any such other manner as may be provided for by or under the Rules of the Court. PART II REFERENCE TO ARBITRATION Application for reference to arbitration
Section 2Verify source

Part

PART II

§ 3Where parties to a suit are of the opinion that the matter inProvision

Parties to a suit may ask the Court, before final judgment, for an order sending the matter to arbitration.

3. Where parties to a suit are of the opinion that the matter in issue in the suit should be referred to an arbitrator for final resolution, they may apply to the Court, at any time before final judgment, for an order ofreference to arbitration. Court to grant order for reference
Section 3Verify source
§ 4Where !lie parties apply for order of reference under RuleProvision

If the parties apply under Rule 3, the Court may grant an order of reference and state the number of arbitrators.

4. Where !lie parties apply for order of reference under Rule 3, the Court may grant the order for reference slating the number of arbitrators. Parties to nominate arbitrators
Section 4Verify source
§ 5(1) The arbitrators shall b� nominated by the parties in suchProvision

The parties must nominate the arbitrators, and they may ask the Court to appoint arbitrators if they cannot agree or if a nominee refuses to accept.

5. (1) The arbitrators shall b� nominated by the parties in such manner as the parties may agree. (2) Where the parties- (a) fail to agree on the nomination of arbitrators; or (b) nominate an arbitrator who refuses to accept the : nomination; the parties may ask the Court to appoint arbitrators in the matter. Court to refer matter to arbitrators
Section 5Verify source
§ 6The Court or Judge shall, by an order under the seal of theProvision

The Court or Judge must, by order under the Court’s seal, refer the issue in the suit to arbitrators for determination.

6. The Court or Judge shall, by an order under the seal of the Court, refer to the arbitrators, the matter in issue in the suit which requires determination. Order of reference to direct comp I iance with Arbitration Act Act No. 19 of2000 Court to appoint arbitrator
Section 6Verify source
§ 7The order of reference to arbitration inade under Rule 4Provision

An order of reference to arbitration under Rule 4 must cover how the arbitration will be conducted, how a party may go to court about the arbitration, and when court assistance is needed.

7. The order of reference to arbitration inade under Rule 4 shall provide for- (a) the conduct of arbitration; (b) a party to apply or have recourse to the Court with regard to arbitration; (c) Court assistance with regard to arbitration where required; in accordance with the Arbitration Act.
Section 7Verify source
§ 8Where the Court or a Judge makes an order for reference toProvision

If a court-ordered arbitration reference exists and the arbitrator dies, refuses to act, or cannot act, the Court or Judge must appoint a replacement arbitrator.

8. Where the Court or a Judge makes an order for reference to arbitration and- (a) the arbitrator dies; or (b) refuses to act; or (c) becomes incapable of acting; 19th April, 2002 Statutory Instruments 79 the Court or Judge shall appoint another arbitrator in place of the person so dying or refusing to act or becoming incapable of acting.
Section 8Verify source
§ 9Where a party in a matter for arbitration questions theProvision

If a party questions an arbitrator’s mandate, impartiality, or jurisdiction in an arbitration matter, the issue must be resolved under the Arbitration Act.

9. Where a party in a matter for arbitration questions the mandate, impartiality or jurisdiction of an arbitrator, the issue shall be resolved in accordance with the Arbitration Act.
Section 9Verify source
§ 10(I) Where the Court or Judge makes an order of referenceProvision

When a court or judge orders a reference to arbitration, the court or judge may decide how the suit costs are handled, leave them to the arbitrator, or make any other necessary order.

10. (I) Where the Court or Judge makes an order of reference to arbitration, the Court or Judge may order the costs of the suit to be in arbitration or reserve them to the discretion of the arbitrator or make such other order as the Court or a Judge may consider necessary. (2) The costs, fees and expenses of the parties to arbitration shall be administered in accordance with the Arbitration Act.
Section 10Verify source
§ 11(I) An award made by an arbitrator pursuant to an order ofProvision

An arbitration award made under an order of reference is binding and enforceable, and it can only be set aside as allowed by the Arbitration Act.

11. (I) An award made by an arbitrator pursuant to an order of reference to arbitration shall be binding and enforceable and shall not be liable to be set aside except as provided for under the Arbitration Act. Question of arbitrator's mandate or impartiality to be settled under Arbitration ActNo. 19 of2000 Judge to order costs of suit Act No. 19 of2000 Award not to be set aside (2) An award made pursuant to an order of reference to arbitration shall be registered and enforced in accordance with the Arbitration Act. Act No. 19 of2000 PARTIII REFERENCE TO MEDIATION
Section 11Verify source
§ 12(1) The Court or a Judge may refer any action to mediationProvision

The Court or a Judge may send any action to mediation at any stage, unless the case involves an injunction or the Court/Judge thinks mediation is unsuitable. Any mediation reference order must follow Form 1 in the First Schedule.

12. (1) The Court or a Judge may refer any action to mediation at any stage of proceedings except where-- (a) the case involves an injunction; or (b) the Court or a Judge considers a case unsuitable for reference to mediation. (2) An order for reference to mediation shall be as set out in Form 1 of the First Schedule to these Rules.
Section 12Verify source
§ 13(1) A mediation officer shall keep a list of mediators whoProvision

A mediation officer must keep a list of mediators who are trained and certified, and the listed mediators must be approved or certified by the Chief Justice for High Court proceedings.

13. (1) A mediation officer shall keep a list of mediators who have been trained and certified to act in this capacity. (2) The mediators to be listed under sub-rule (!) shall be those currently approved or certified by the Chief Justice in respect of High Court proceedings under the Rules of the High Court. Court to refer action · to mediator at any stage of proceed� ings Mediation officer to keep list of mediators ' 80 Mediation officer to handover to mediator record of suit, action or legal proceedings Mediator to inform parties about time, date and venue of mediation Party to appear in person or with legal practitioner Mediator to read out to parties statement of understand­ ing Mediator not required to keep record of mediation Statement made in mediation are confi­ dential and privileged Mediator not to communi­ cate with trial judge Mediator to return record to mediation officer with report Statutory Instruments 19th April, 2002
Section 13Verify source
§ 14(!) Where a mediator is appointed in respect of a matter,Provision

If a mediator is appointed, the mediation officer must give the mediator the case record, and the mediator must acknowledge receipt in writing.

14. (!) Where a mediator is appointed in respect of a matter, the mediation officer shall handover to the mediator the record of the suit, action or legal proceedings. · (2) Upon receipt of the record of the suit, action or legal proceedings under sub-rule (I), the mediator shall acknowledge such receipt in writing.
Section 14Verify source
§ 15(I) The mediator shall, soon after collecting the record underProvision

The mediator must contact the parties and tell them the mediation time, date, and place, then finish the mediation within 90 days after the relevant record is collected.

15. (I) The mediator shall, soon after collecting the record under Rule 14, contact the parties to the action and state the time, date and place of the mediation. (2) The mediator shall, within ninety days from the date of collection of the suit, action or legal proceedings in respect of which the mediator has been appointed, complete the process of mediation.
Section 15Verify source
§ 16(!) A party to mediation shall appear in person and whereProvision

A party to mediation must appear in person, and if represented, with a legal practitioner.

16. (!) A party to mediation shall appear in person and where represented, with their legal practitioner. (2) Where the party to mediation is not a natural person, an officer or director of sufficient rank to Settle the matter shali attend and where represented with the legal practitioner. I
Section 16Verify source
§ 17At the commencement of mediation, the mediator shall readCommencement

At the start of mediation, the mediator must read the statement of understanding to the parties and, if necessary, their advocates, and ask the parties to sign it.

17. At the commencement of mediation, the mediator shall read out to the parties, and their advocates where necessa�y, the statement of understanding contained in Form 2 set out in the First Schedule which the mediator shall request the parties to sign.
Section 17Verify source

Part

Schedule which the mediator shall request the parties to sign.

§ 18(I) The mediator shall not keep a record of the mediationProvision

The mediator must not keep a record of the mediation.

18. (I) The mediator shall not keep a record of the mediation. (2) Where the mediator prepares any document during proceedings and the mediation fails, the mediator shall destroy such document in the presence of both parties at the end of the mediation.
Section 18Verify source
§ 19Any statement made during mediation is confidential andProvision

Statements made during mediation are confidential and privileged, and they cannot be used as evidence in any matter.

19. Any statement made during mediation is confidential and privileged and may not be used as evidence in any matter.
Section 19Verify source
§ 20A mediator may not communicate with any trial Judge inProvision

A mediator must not communicate with any trial Judge about a matter being mediated.

20. A mediator may not communicate with any trial Judge in relation to any matter which is subject of mediation.
Section 20Verify source
§ 21(!) Where a mediation fails, the mediator shall within tenProvision

If mediation fails, the mediator must return the record and file a report within 10 days; the mediation officer must send the record to the Court or a Judge within 7 days; then the Court or a Judge must summon the parties within 14 days.

21. (!) Where a mediation fails, the mediator shall within ten days after the close of mediation proceedings return the record referred to in Rule 14 to the mediation officer and submit a report as in Form 3 set out in the First Schedule. 19th April, 2002 Statutory Instruments 81 (2) The mediation officer shall, not more than seven days after receipt of the report under sub-rule(!), submit the record to the Court or a Judge. (3) Where the Court or a Judge receives a report under sub­ rule (2) the Court or a Judge shall, within fourteen days of such receipt, summon the parties for purposes of fixing the date of hearing for the pending action or application.
Section 21Verify source
§ 22(I) Where mediation ends in a settlement, the parties andProvision

If mediation ends in a settlement, the parties and the mediator must sign the settlement document, and the Court must register and seal it.

22. (I) Where mediation ends in a settlement, the parties and the mediator shall sign the mediation settlement document set out in Form 4 of the First Schedule. Mediation settlement (2) The mediation settlement referred to in sub-rul_e (I) shall be registered and sealed by the Court. (3) A mediation settlement sealed and registered by the Court shall have the force and effect of a judgment, order or any decision of the Court or Judge and shall be enforced in the like manner.
Section 22Verify source
§ 23Every mediator shall at the close of mediation return to theProvision

A mediator must return the record of proceedings to the Court or Judge and submit a mediator’s report when mediation ends.

23. Every mediator shall at the close of mediation return to the Court or Judge the record of proceedings and shall submit the mediator's report as set out in Form 5 of the First Schedule. Mediator to return record of proceed­ ings
Section 23Verify source
§ 24(I) Where a party fails to comply with the order ofreferenceProvision

If a party does not comply with an arbitration reference order, the Court or Judge must respond by entering default judgment or another appropriate order against a respondent, or by striking out or dismissing the case if the party is an applicant or complainant.

24. (I) Where a party fails to comply with the order ofreference to arbitration under these Rules, the Court or Jndge shall- (a) make a default judgment or an appropriate order against that party if that party is a respondent; or (b) strike out or dismiss the case where the party is the applicant or complainant. (2) For the purpose of this rule non-compliance shall include­ (a) failure to attend a scheduled mediation hearing; or (b) legal representative's attendance ofa mediation hearing without full instructions or authority from the party.
Section 24Verify source
§ 25Where the Court or Judge makes an order or Judgment underProvision

The Court or Judge may not set aside an order or judgment made under rule 24 unless sufficient cause is shown on a party’s duly made application.

25. Where the Court or Judge makes an order or Judgment under rule 24 the Court or Judge may not set aside such decision unless sufficient cause is shown on application duly made by a party to the Court or Judge.
Section 25Verify source
§ 26(I) A mediator may postpone or adjourn a mediation hearingProvision

A mediator may postpone or adjourn a mediation hearing, but only in the circumstances stated in the rule.

26. (I) A mediator may postpone or adjourn a mediation hearing at any stage if considerations of justice so demand or if that postponement or adjournment is likely to facilitate a possible settlement. (2) A postponement or adjournment of a matter under this rule shall be granted by a mediator only within the ninety days period prescribed under rule 15. Failure to comply with order of reference to arbitration judgement or other order Court not to set aside judgement or order except on sufficient cause Mediator may postpone or adjourn mediation hearing 82 Statutory Instruments 19th April, 2002 No appeal against mediated settlement Parties to pay media­ tion fee Failure to pay media­ tion fee (3) Where on the request of the mediator after expiry of the ninety day period the Court or a Judge is of opinion that the chances of settlement are still feasible, the Court or a Judge may grant a further period as may be thought reasonable by the mediator. 27. No appeal shall lie against a mediated settlement.
Section 26Verify source
§ 28(!) There shall be paid to the mediator in equal proportionProvision

The parties to the suit must pay a mediation fee to the mediator at each sitting, in equal shares.

28. (!) There shall be paid to the mediator in equal proportion by the parties to the suit a mediation fee at each sitting. (2) The fee referred to in sub-rule(!) shall be as set out in the Second Schedule to these Rules.
Section 28Verify source
§ 29Where a party fails to pay a mediation feeProvision

If a party does not pay the mediation fee, that party cannot take further steps in the matter until the fee is paid; if judgment has already been entered, the Court may levy execution to recover the fee for the mediator.

29. Where a party fails to pay a mediation fee- ( a) that party shall be barred from taking any further proceedings in the matter until payment of that fee; or (b) and judgment has been entered against that party, execution will be levied against that party by the Court to recover the fee on behalf of the mediator. (__ 19th April, 2002 Sta/11/ory /11s/rnments 83 FIRST SCHEDULE (Rule 12,17, 21, 22 and 23) REPUBLIC OF ZAMBIA Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002 Form 1 IN THE INDUSTRIAL RELATIONS COURT Complainant/Application No .... ' HOLDEN AT BETWEEN: COMPLAINANT/APPLICANT and RESPONDENT ORDER FOR MEDIATION (RULE 12) This case has been scheduled for mediation which shall take place within 14 days of receipt of this order. The mediator will be And the mediation shall take place at an appointed place which the mediator will communicate to ALL THE PARTIES and their advocates are hereby ORDERED to appear. Unless an agreement disposing of this case is filed with the Court in advance of this date, the mediation will occur as·schedulcd. The Court ORDERS full compliance with the following:
Section 29Verify source
§ 1All parties who must approve a settlement and at least one advocate, mustProvision

Settlement-approving parties and at least one advocate must attend the mediation; institutional parties must bring someone who can settle the case.

1. All parties who must approve a settlement and at least one advocate, must appear at the mediation. If the settlement must be approved by someone other than a party to the suit, that person should be present during the scheduled mediation. Institutional parties must have an illdividual with the authority to settle the case present at the mediation pursuant to Rule 16 of the Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002.
Section 1Verify source
§ 2Each party or advocate must bring to the mediation (a) if damages areProvision

Each party or advocate must bring required materials to the mediation.

2. Each party or advocate must bring to the mediation (a) if damages are requested, an outline of how they have been or should be calculated (including, if appropriate, the time period and rates of interest), and (b) relevant documentation, such as appraisals, receipts and records.
Section 2Verify source
§ 3All proceedings at the mediation, including any statement made orProvision

Mediation proceedings and related statements/documents are confidential and not disclosed to the trial judge; parties are not bound by what is said or done unless there is a settlement.

3. All proceedings at the mediation, including any statement made or document prepared by any party, advocate, or other participants are confidential and will not be disclosed to the trial judge or affect the case ifit is not settled at this time . No party shall be bound by anything said or done at the mediation unless a settlement is reached. If a settlement is reached, the agreement will be put in writing and will be binding upon all parties to the agreement.
Section 3Verify source
§ 4In the event that a complainant or applicant and, if represented, theCommencement

If a party or its advocate does not attend mediation, the court may dismiss the case or enter default judgment against the respondent. The mediator’s fee is payable at the start of the sitting.

4. In the event that a complainant or applicant and, if represented, the complainant's or applicant's advocate does not appear at the mediation, the Court may strike out or dismiss the case. In the event that a respondent and, if represented, the respondent's advocate does not appear at the mediation, the court may enter a default judgment against the respondent. S. The mediator's fee as prescribed should be paid at the commencement of the sitting. This ORDER is entered, this ....................... day of. ......................... 2 ........ . Judge/Registrar I l \.._ ) 84 Statutory Instrumellls 19th April, 2002 REPUBLIC OF ZAMBIA Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002 Form 2 INTIIE INDUSTIUALRBLATIONS COURT Complaint/Application No: .............. . HOLDEN AT BETWEEN: COMPLAINANT/APPLICANT and RESPONDENT STATEMENT OP UNDERSTANDING: THE ROLE OF THE MEDIATOR�(RULE 17) My name is ................................................ I have been assigned to mediate your case. I will serve as neutral party to help you resolve your dispute. I will not act as an advocate for any party. No party shall be bound by anything said or done in the mediation unless a settlement is reached and is in writing. Any statements made during the mediation are confidential and privileged and may not be used as evidence in any matter. I as mediator in this matter may not be called upon to testify to what transpired in the mediation. Please sign below to acknowledge that you have read and/or understand this statement. Complaint (s)/ Applicant (s) Respondent (s) Complaint's Advocate Respondent's Advocate Mediator REPUBLIC OF ZAMBIA Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002 Form 3 IN THE INDUSTRIAL RELATIONS COURT Complaint/ Application No: ... : ....... . HOLDEN BETWEEN: COMPLAINANT/APPLICANT and RESPONDENT MEDIATOR 's REPORT·(RULB 21 ) TO: THE MEDIATION OFFICER I, .......... , ....................... , .. ... having been designated as mediator in this action and having conducted mediation between the parties, do hereby report that the parties have failed to reach a settlement. In terms of the above rule, you are required within 7 days of your receiving this report to remit the record herewith to fhe C(?urt or Judge. Dated the ......... . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . ......... . . . . . . . . . . . . . .. 2 . . . . . . Mediator :S- Signature 1 9th April, 2002 Statutory Instruments 85 REPUBLIC OF ZAMBIA Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002 IN TilE INDUSTRIAL REI.AIIONS COURT ComplainYApplication No: ........... . HOLDEN BETWEE.N: COMPLAINANT/APPLICANT Form 4 and RESPONDENT MEDIATION SETTLEMENT - (RULE•22) We, the undersigned parties to this action have agreed to settle our dispute/ differences as follows: ······································································································· r , Dated the day of Complaint (s)I Applicant (s} Respondent (s) Complaint sl Applicant S Advocate Respondent :S-Advocate Mediator Mediator S Full Name REPUBLIC OF ZAMBIA Industrial Relations Court (Arbitration and Mediation Procedure) Rules.2002 ( . fum S IN TilE INDUSTRIAL REUJIONS· COURT ComplainVApplication No: ... ...... .. . HOLDEN BETWEEN: COMPLAINANT/APPLICANT and RESPONDENT .]v1EnIATOR 's CASE R.EPOJUING FoRM (RULE 23) Mediator's Name: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . I. C/aim/Applicalion type (check all issues in lhe case) D D D D Terminal benefits Reinstatement/Declaration Collective dispute Complaint Against discrimination/Wrongful or Unfair dismissal or Termination Other: ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . D 86 Statutory Instruments 19th April, 2002 Case Disposilion Settled before mediation Mediated and fully settled Mediated and partially settled Mediated and not settled
Section 4Verify source
§ 4Section 4Provision

This text appears to be a mediation form section about whether the matter was mediated, reasons it was not mediated, extending the mediator’s mandate, and whether mediator fees were paid.

4. □ □ Dated the Not mediated ThcrC are •chances for settlement of this matter, I request for extension of my mandate to continue with the mediation ... Check reasons why the case was not mediated (check all that apply) Nor1:-appcarancc of one or more parties · Non-appearance of one or more advocates Advocate without settlement authority Other: ... ... ... , .. ... ... ... ... ... ... ... ... ... ... ... . , . ... ... ... ... ,., ... ... ... ... . Mediator S Fees The fees were paid The fees were not paid by ... ... ...... . . . ... ... ...... ...... ... ...... ... .. day of
Section 4Verify source
§ 2Section 2Provision

The mediator’s fee is 300,000 Kwacha for each sitting during the mediation process.

2 ... ... ... .. . SIGNED: ... ... ... ... . . . . . . ... ... ... ... ... .. . . . Mediator REPUBLIC OF ZAMBIA Industrial Relations Cou"rt (Arbitration and Mediation Procedure) R�les 2002 SECOND SCHEDULE (Rule 28) MEDIATION FEE The mediator's fee _shall be as follows: . 1 . Three Hundred Thousand Kwacha at each sitting during the mediation process.
Section 2Verify source
§ 2The practitioners, in every case referred to mediation shall collect fromCommencement

Practitioners in mediation matters must collect each client’s half share of K300,000 and pay it to the mediator when the sitting starts.

2. The practitioners, in every case referred to mediation shall collect from rheir respective clients, their half share of the Three Hundred Thousand Kwacha (K300,000.00J and pay the same over to the mediator at the commencement of the sitting. LusAKA 1 1th April, 2002 N. M. MWANZA, Chairman
Section 2Verify source

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