S.L. 415.7 Art. 6Mediation. Cap. 474. Cap. 474. 5 Cap. 474.

(1) Where no agreement is concluded between the collective management organisation and the operator of a retransmission service, or between the operator of a retransmission service and the broadcasting organisation regarding authorisation for retransmission of broadcasts, either party may, unless otherwise agreed to by all parties, call upon the assistance of one or more mediators appointed by Malta Mediation Centre in accordance with the procedure stipulated under the Mediation Act. The task of the mediator shall be to provide assistance with negotiation. The mediator shall act impartially and with confidentiality and shall facilitate the discussion between the parties to find ways and means and draw up proposals, in order for the parties to seek and resolve their differences. The mediators shall nonetheless not take decisions for the parties.

(2) Mediations falling within the remit of these regulations shall only be conducted on a voluntary basis.

(3) When calling upon the assistance of one or more mediators appointed by the Malta Mediation Centre and thereafter entering into mediation proceedings, such proceedings shall be conducted in accordance with the procedures and formalities stipulated under the Mediation Act.

ORGANISATIONS AND RETRANSMISSIONS OF

TELEVISION AND RADIO PROGRAMMES

(4) Mediation shall only commence and proceed on condition that before the commencement of the mediation process, the parties sign beforehand and submit to the Malta Mediation Centre, a statement declaring that they are fully aware and cognisant of the implications of the Act and these regulations:

Provided that this also implies that disclosure may have to be permitted in accordance with article 27 of the Mediation Act.

(5) Subject to the formalities required under this regulation, if a proposal is formally submitted to the parties by the mediator and the parties do not register their objection thereto in writing with the mediator and the other party, within three (3) months from the electronic notification of such proposal, then in accordance with Council Directive 93/83/EEC such proposal shall be assumed to be binding upon all the parties.