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Friday ,November 21st, 2008 |
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dispute resolution |
| Dispute
Resolution |
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Tampering
has become one of the most common causes
of disputes especially among residential
customers |
The
LEA Act authorises the LEA to
resolve disputes between licence holders themselves,
and between licence holders and their consumers.
The LEA therefore has wide powers to resolve disputes.
The LEA Act does not define a particular type
or class of dispute, which the LEA is authorised
to resolve, neither does it spell out the process
to be used. This, therefore gives the LEA some
flexibility to determine what type or class of
disputes it will resolve, and how it should go
about achieving it. Although there is always room
for interpreting the LEA Act to clarify the LEA's
role (which can be express or implied), this is
constrained by the normal legal principle that
statutory bodies are confined by their powers
as set out in their founding legislation.
The
LEA may therefore, at the request of any licensee
or its consumer, resolve disputes between licensees
themselves or between licensees and their consumers.
It may elect to resolve these disputes by trying
to mediate (bringing the disagreeing
parties to agree on a solution to their dispute
by themselves) or it may decide to arbitrate
( a legal process that determines which party
is at fault).
The LEA Act makes it compulsory for the LEA to arbitrate
or mediate in any matter. LEA has powers to decide
what types of disputes fall within its responsibilities
to resolve, and what types of disputes must be resolved
elsewhere i.e. through the courts or some other
legal avenue. The rules the LEA has put in place
set out the way in which the LEA intends resolving
disputes referred to it. For example, the procedure
provides that:
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Prior
to accepting the responsibility of resolving
a dispute, the LEA elects to mediate or
arbitrate in the matter |
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If
it decides to arbitrate, the LEA has to
insist that the parties must agree to comply
with the Dispute Rules |
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The
Dispute Rules spell out the role of the
LEA, the procedure (process) that the LEA
wishes to follow in arbitrating in the matter,
the rules of the arbitration, the effect
of the LEA ruling (i.e. that it can be made
an order of court that can be enforced)
and how to deal with costs of the arbitration,
and whether the successful party can recoup
its costs from the unsuccessful party |
The decisions
of the LEA are not subject to direct
appeal to the Minister (of Natural Resources)
as the Authority does business on behalf of the
Minister. But there are two instances where the
LEA's decisions can be challenged. The first is
where a decision of the LEA is taken on review
to the High Court (e.g. where the LEA has failed
to follow its own procedures, or acted outside
of its powers). The second is where certain decisions
of the LEA (related to licensing conditions) are
disputed and hence are subject to arbitration
at the discretion of the affected party.
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