Sylvia Mueni Kasanga

All parliamentary appearances

Entries 521 to 530 of 775.

• 13 Nov 2019 in Senate: The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate. view
• 13 Nov 2019 in Senate: Whereas dispute resolution mechanisms are mostly party driven, the Bill, under Clause 5, will give some guiding principles. These are general guiding principles when it comes to alternative dispute resolution. First is the voluntary participation. You cannot be forced to go into a dispute resolving mechanism if you do not want to. There is right to information. You cannot be dragged through a process of which you do not have information. The other one is confidentiality. We pride ADR for being confidential. This is also being entrenched in the Bill and in determination of disputes in the shortest time practicable. ... view
• 13 Nov 2019 in Senate: The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate. view
• 13 Nov 2019 in Senate: “The confidentiality requirement under this Act shall not apply where disclosure is— (a) required by law; (b) necessary to protect a child or a vulnerable person; (c) necessary to report or lessen a serious and imminent threat to the life, health or property of a person; (d) necessary to report the commission or prevent the likely commission of an offence; (e) necessary for the purpose of enforcement of the settlement agreement; or (f) necessary to prove or disprove a claim or complaint concerning negligence or misconduct of a conciliator or mediator based on conduct occurring during conciliation or mediation. These ... view
• 13 Nov 2019 in Senate: Clauses 24 and 25 provide that when conciliation or mediation comes to an end, the role of the conciliator or mediator also comes to an end. Their roles come to an end because the settlement has either been agreed or the parties have wished not to proceed with the process. It could also mean that they have seen that there is no reconciliation or resolution, hence they can opt to choose another method. Due to the nature of diversity of traditional dispute resolution mechanisms, Part IV of the Bill provides for that purpose. The application of traditional dispute resolution mechanisms ... view
• 13 Nov 2019 in Senate: The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate. view
• 13 Nov 2019 in Senate: of the way. However, we want to provide the possibility of a register for traditional dispute resolvers. This can help the courts to refer certain matters to traditional dispute resolvers. It is for that reason that we are requiring that the committee may keep a register of the traditional dispute resolvers. Clauses 29 and 30 provide that when traditional dispute resolution comes to an end, then a decision has been reached. However, if for any reason, a party to that process is not happy with the decision, we have a part that will require or provide for recourse in court. ... view
• 13 Nov 2019 in Senate: Through the appointment and partiality of a conciliator, mediator or traditional dispute resolver, the courts may help you in determining whether a conciliator, mediator or resolver is impartial. When there are times when you need to challenge an outcome or a settlement agreement, then of course, the courts must be called upon. view
• 13 Nov 2019 in Senate: The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate. view
• 13 Nov 2019 in Senate: To address such issues, Clause 33 affords an opportunity to approach a court. Clause 34 provides for stay of the proceedings if they have already started before a court; that then these issues can be referred to a dispute resolution process. view