Page 39 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL 140 1 1 1 Section 13 of Restitution Act empowers the the Chief Land Claims Commissioner to direct the the parties to to attempt to to settle their dispute through a a a a a process of mediation and negotiation 140 2 Section 36(1) of the the LTA allows the the Director-General to to “appoint one or or or more persons with expertise in in in relation to to to to dispute resolution to to to to facilitate meetings of interested parties and to to to to attempt to to to to mediate and settle a a dispute” 140 3 Section 21 of ESTA provides that: “A party may request the Director-General to to appoint one or or or more persons with expertise in in in dispute resolution to to facilitate meetings of interested parties and to to attempt to to mediate and settle any dispute in terms of of this Act ” And s s s s s s s 22(1) of of ESTA allows the parties to to a a a a a a dispute dispute to to to to “refer the the dispute dispute to to to to arbitration in in terms of the the Arbitration Act” and to to to to appoint an an arbitrator someone from the the (non-existent) panel of arbitrators established under the the LTA 141 The Director-General and and the the Chief Land Claims Commissioner are referring disputes to to the the LRMF PAGE PAGE 39