—(1) Subject to the provisions of the Land Titles (Strata) Act, a Board shall, without delay after being constituted in respect of any dispute or matter with respect to which it has jurisdiction under this Act —
endeavour to mediate all matters that are in dispute and to bring about an agreement between the parties on those matters; and
if the Board is unable to do so at the end of a period (continuous or otherwise) of not more than 3 days of mediation, hear the parties to the dispute, arbitrate the matter and render a decision and make an order.
[13/2010 wef 15/07/2010]
(2) Subject to the provisions of this Act or the Land Titles (Strata) Act, a Board shall determine the procedure for mediation-arbitration, but shall allow the parties to present evidence and make submissions to it.
(3) Without prejudice to subsection (2), a Board shall —
for the purposes of the mediation referred to in subsection (1)(a), ensure that any agreement arrived at between the parties in settlement of the dispute or matter is in appropriate contractual language so as to allow its subsequent enforcement; and
for the purposes of the arbitration referred to in subsection (1)(b), act fairly and impartially and shall give each party an opportunity to present its case.
(4) For the purposes of arbitration under subsection (1)(b), a Board shall have powers to make orders or give directions to any party for —
security for costs;
discovery of documents and interrogatories;
giving of evidence by affidavit;
the preservation and interim custody of any evidence for the purposes of the proceedings;
samples to be taken from, or any observation to be made of or experiment conducted upon, any lot or common property or limited common property which is or forms part of the subject-matter of the dispute; and
the preservation or interim custody of any property which is or forms part of the subject-matter of the dispute.
(5) For the avoidance of doubt, all testimony or record of proceedings or notes of a Board during its conduct of mediation in any dispute or matter of which it has cognizance may not be disclosed without the consent of the person who made them.
(6) The Arbitration Act (Cap. 10) shall not apply to mediation-arbitration proceedings before a Board.
(7) The arbitration proceedings of a Board shall be open to the public and minutes of a Board including a note of any oral evidence given before the Board shall be kept by the president of the Boards.
(8) The arbitration proceedings of a Board shall be deemed to be judicial proceedings and the members of the Board shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
(9) A Board shall carry out its work expeditiously and shall make a final order or determination within 6 months from the date it is constituted or within such extension of time as may be granted by the Minister.
[LT(S)A, ss. 91, 93]