VII SETTLEMENT AND WITHDRAWAL FROM THE SCHEME
Withdrawal by the Employee
29. At any stage of the arbitration process, once an Arbitration Agreement has been concluded and the reference has been accepted by the LRA, the party bringing the Flexible Working Claim (the employee) may withdraw from the Scheme, provided that any such withdrawal is in writing. Such a withdrawal shall constitute a dismissal of the claim.
Withdrawal by the Employer
30. Once an Arbitration Agreement has been concluded and the reference has been accepted by the LRA, the party against whom a claim is brought (the employer) cannot unilaterally withdraw from the Scheme.
Settlement
31. Parties are free to reach an agreement settling the dispute at any stage.
32. If such an agreement is reached:
(i)upon the joint written request of the parties to the LRA, the arbitrator (if appointed) or the LRA (if no arbitrator has been appointed) shall terminate the arbitration proceedings;
(ii)if so requested by the parties, and where an arbitrator has been appointed, the arbitrator may record the settlement in the form of an agreed award (on a covering proforma). The LRA, on the request of the parties, will appoint an arbitrator to record the settlement in the form of an agreed award (on a covering proforma).
33. An agreed award shall state that it is an award of the arbitrator by consent and shall have the same status and effect as any other award on the merits of the case.
34. In rendering an agreed award, the arbitrator:
(i)may only record the parties' agreed wording;
(ii)may not approve, vary, transcribe, interpret or ratify a settlement in any way;
(iii)may not record any settlement beyond the scope of the Scheme, the Arbitration Agreement or the reference to the Scheme as initially accepted by the LRA.