81. The mediator is chosen by mutual agreement between the Public Protector and the contractor. The function of the mediator is to assist the parties in clarifying the dispute and defining their positions and interests, and to discuss and explore mutually satisfying solutions to settle the dispute.
The parties, along with the mediator, define the rules applicable to the mediation, set its duration, and specify their commitments, expectations and needs, as well as the role and duties of the mediator. The fees and expenses of the mediator are to be paid in equal parts by the parties, unless a different sharing arrangement has been agreed upon.
The representative of each party must be duly authorized by the Public Protector in person or by the officer of the contractor, as the case may be, to proceed with the mediation.