Revised Laws of Saint Lucia (2021)

42.   Notice for Alternative Dispute Resolution Proceedings

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    (1)   The Council may, by sending a notice for alternative dispute resolution proceedings to the person making a complaint and the supplier who is the subject of the complaint, conduct alternative dispute resolution at a time and place as is necessary to carry out its functions under section 25(b).

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    (2)   The Council shall conduct alternative dispute resolution proceedings within three weeks of receipt of an investigation report and supporting documents transmitted to it under section 18.

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    (3)   A notice for alternative dispute resolution proceedings under subsection (1) must —

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      (a)     specify the complaint and purpose of the alternative dispute resolution proceedings;

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      (b)     specify the place and time for the alternative dispute resolution proceedings; and

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      (c)     be in such form as determined by the Council.

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    (4)   The person making the complaint and the supplier concerned shall attend the alternative dispute resolution proceedings.

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    (5)   Where the person making the complaint does not attend the alternative dispute resolution proceedings, having had due notice of the time and place of alternative dispute resolution proceedings, the Council may dismiss the complaint, unless having received a reasonable excuse for the non-appearance of the person making the complaint the Council thinks it fit to adjourn the matter.

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    (6)   Where a person who —

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      (a)     refuses or neglects without reasonable cause, to attend dispute resolution proceedings in compliance with the requirements of a notice under subsection (1); or

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      (b)     departs from alternative dispute resolution proceedings without the authority of the person holding the alternative dispute resolution proceedings,

the Council may proceed with the alternative dispute resolution proceedings and make a decision in his or her absence in accordance with this Act.

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    (Substituted by Act 14 of 2021)