- Laws of Fiji

Last Updated: 1 January 2021

[TEL 16] Alternative dispute resolution (ADR) schemes16

(1) The Authority must establish one or more alternative dispute resolution (“ADR”) schemes for disputes between licensees and between service providers and consumers.

(2) In establishing ADR schemes, the Authority shall request and take into account proposals from licensees.

(3) ADR schemes may be comprised of—

(a)mediation, whether conducted by the Authority, persons appointed by the Authority or persons appointed by the parties or a third party;
(b)adjudication of specific identified matters having limited scope by an expert appointed by the Authority or the parties or a third party; or
(c)such other method as the Authority may determine.

(4) The Authority must approve an ADR scheme proposed by licensees if it is—

(a)fair, transparent and non-discriminatory;
(b)administered by persons who are for practical purposes independent of the licensees to whom they apply;
(c)designed to ensure that individuals to be employed under the scheme as mediators, adjudicators, arbitrators or such other roles as may be contemplated have qualifications and experience to carry out such powers and functions; and
(d)designed to further the objectives of section 3.

(5) The Authority may require those responsible for an approved ADR scheme to report to the Authority regarding its functioning, and the Authority must withdraw its approval if the ADR scheme ceases to meet any condition in subsection (4).

(6) An ADR scheme established under this section may provide for binding decisions, including interim and conservatory measures.

(7) Any ADR scheme established under this section or any ADR decision, shall not prejudice any rights under section 18 of this Act or under Part 4 of the Fijian Competition and Consumer Commission Act 2010.

[subs (7) am Act 31 of 2016 s 211, effective 1 December 2016; Act 41 of 2017 s 25, effective 1 August 2017]