Section 35, The Payment Systems Act, 2009

(1) The Central Bank may arrange for a dispute to whichthis Part applies to be settled by mediation in accordance with this section. (2) The Central Bank may exercise the power conferred upon it under subsection (1) if– (a) it considers that the dispute raises issues related to– (i) the financial safety of a system for participants; (ii) the efficiency of a system; (iii) the competitiveness of a system; or (iv) risk to the financial system; and (b) the parties to the dispute agree to the Central Bank arranging the mediation. (3) The mediation shall be conducted by the Governor of the Central Bank, or by a person appointed in writing by the Governor for that purpose. Resolution of disputes. 26 27 Rules of Central Bank designated systems to bind liquidators, etc. Priority of certain instructions on winding up of partici-pants. Disputes to which this Part applies. (4) The person conducting a mediation shall not be subject to any action, claim or demand by or liable to, any person in respect of anything done or omitted to be done, in good faith in connection with the mediation. (5) Mediation as contemplated in subsection (1) means a process whereby– (a) the mediator and the participants concerned discuss the dispute at a meeting attended by all of them; (b) the participants concerned following such meeting attempt to settle the dispute by consensus; (c) the participants concerned share the mediator’s costs equally. (6) The fact that the dispute is being or has been referred to mediation does not affect either participant’s legal rights and does not prevent a party to the dispute from bringing an action in a court in connection with the dispute. PART VIII – MISCELLANEOUS