2. Process for Renegotiation of Contract Terms and Termination of Contract
Process for Renegotiation of Contract Terms and Termination of Contract
This page provides details on the process for a party who wishes to renegotiate and/or terminate its contract under the Re-Align Framework, including information on the Notice of Negotiation, and Notice for Adjustment. Parties who object to a Notice of Negotiation may also refer to this page to find out how to lodge and serve a Notice of Objection.
This page also provides details for landlords who intend to seek landlord hardship relief, including how to lodge and serve the Notice for Compensation.
Please note that all information or documents disclosed by you or the other person for the purpose of the Framework or the proceedings before the Adjustment Relief Assessors (“Assessors”) are confidential and must not be disclosed to any third parties.
Please note that: | |
(a) | the last day for serving the Notice of Negotiation and Notice for Revision was 26 February 2021. If you did not serve the Notice of Negotiation or Notice of Revision by 26 February 2021, you are not eligible for relief under the Framework. |
(b) | the last day of the latest possible Objection Period was 9 April 2021. If you did not serve and lodge the Notice of Objection by 9 April 2021, you will not be able to object to the Notice of Negotiation. If you did not serve and lodge the Notice for Compensation by 9 April 2021, you will not be able to seek compensation from your tenant for the termination of the contract under the Framework. |
(c) | the last day for serving and lodging the Notice for Adjustment was 23 April 2021 (i.e. 2 weeks after the last day of the latest possible Objection Period). If you did not serve and lodge the Notice for Adjustment by 23 April 2021, you will not be able to seek an adjustment of rights and obligations under the Framework for a contract which has been terminated. |
This page includes the following sections:
Step 1: Affected Business serves Notice of Negotiation
Step 2: Affected Business and Other Party renegotiate contract during 4-week Negotiation Period
Step 3: Other Party lodges and serves Notice of Objection and/or Notice for Compensation
during the 2-week Objection Period
(A) Other Party objects to Affected Business’s eligibility for relief
(B) Other Party is a landlord who wishes to seek compensation from the Affected Business
(C) Other Party does not object to Affected Business’s eligibility for relief
Step 4: Either Affected Business, Other Party or Other Party’s assignee lodges and serves Notice for
Adjustment
Step 5: Registrar reviews Notice of Objection / Notice for Compensation / Notice for Adjustment
Step 6: Assessor Conducts Hearing and Makes Determination
Step 7: Registrar Informs Affected Business and Other Party of Assessor’s Determination
Withdrawal of Notice of Negotiation, Notice of Objection to Notice of Negotiation, Notice for
Adjustment and Notice for Compensation
FAQs
Step 1: Affected Business serves Notice of Negotiation ↩
An eligible party to the contract (“the Affected Business”) who wishes to renegotiate or terminate the contract must serve a Notice of Negotiation. Please refer to the following links for the methods by which your eligibility will be assessed.
(a) On the applicable methods of determining if your business’s annual revenue does not exceed $30m at a global group level, please refer to this link.
(b) For the applicable method of determining if your business has experienced at least a 70% fall in monthly average gross income, please refer to this link.
Before serving the Notice of Negotiation, the Affected Business should have enclosed the supporting documents (set out here) with the Notice of Negotiation.
The Notice of Negotiation must have been served within 6 weeks from 15 January 2021 (i.e. by 26 February 2021), on the following Recipient(s), where applicable:
- Any other party to the contract (“the Other Party”).
- The Affected Business’s guarantor or surety, or the issuer of a performance bond, in relation to the Affected Business’s obligations under the contract.
- Any assignee of any party to the contract.
Please note that the last day for serving the Notice of Negotiation was 26 February 2021. If you did not serve the Notice of Negotiation by 26 February 2021, you are not eligible for relief under the Framework. |
After the Notice of Negotiation is served, there will be a 4-week negotiation period for parties to reach a mutually acceptable outcome (see Step 2 below).
Moratorium
To facilitate negotiations and to avoid parallel proceedings on the same matter, once a Affected Business serves a Notice of Negotiation, the Other Party will be prohibited from taking legal and enforcement actions (e.g. court and arbitration proceedings, or termination of the contract) against the Affected Business for his failure to perform any contractual obligation due to be performed from the day the Notice of Negotiation is served.
For the avoidance of doubt, the Other Party is not prohibited from taking legal and enforcement actions in relation to the Affected Business’ failure to perform any contractual obligations due to be performed before the day the Notice of Negotiation is served (e.g. outstanding rent).
Broadly, the prohibition will end on the earliest of the following:
(a) On the expiry of 8 weeks after date of the Notice of Negotiation, if no other Notices including the Notice of Objection are served and lodged;
(b) If (a) does not apply, on the occurrence of any of the following events after the expiry of 8 weeks after the date of the Notice of Negotiation,
(i) The day the Notice of Negotiation is withdrawn;
(ii) The day the only or last Notice for Adjustment is withdrawn;
(iii) The day the Notice for Compensation is withdrawn, if no Notice of Objection or no Notice for Adjustment are served and lodged;
(iv) Where the Registrar determines that no Assessor needs to be appointed;
(v) The day on which an Assessor has made all the determination required to be made in relation to the Notice of Negotiation.
For more details on the moratorium, please refer to the Fifth Schedule of the Act.
Step 2: Affected Business and Other Party renegotiate contract during 4-week Negotiation Period ↩
After the service of the Notice of Negotiation, there will be a 4-week Negotiation Period which commences after the date of the Notice of Negotiation during which the Affected Business and the Other Party are encouraged to renegotiate the terms of the contract or to renegotiate the terms of termination of the contract, where applicable.
During this 4-week Negotiation Period, the Other Party cannot lodge or serve a Notice of Objection. For examples of how to determine the start and end of the 4-week Negotiation Period, please refer to here.
Step 3: Other Party lodges and serves Notice of Objection and/or Notice for Compensation during the 2-week Objection Period ↩
At the end of the 4-week Negotiation Period, the two possible outcomes are:
- Parties have successfully renegotiated the terms of their contract.
- Parties have been unsuccessful in their renegotiation of the terms of their contract.
A 2-week Objection Period starts after the end of the 4-week Negotiation Period. For examples of how to determine the start and end of the 4-week Negotiation Period, please refer to here.
If parties have successfully renegotiated the terms of their contract by the end of the 4-week Negotiation Period, they may proceed with the amended terms of their contract or terminate the contract on their own agreed terms. The Other Party does not need to serve a Notice of Objection in this situation.
In contrast, where parties are unsuccessful in their renegotiation by the end of the 4-week Negotiation Period, there are three courses of action for the Other Party or his assignee:
NOTE: If the negotiations do not succeed and the eligible Affected Business does not wish for the contract to be terminated under the Framework, the Affected Business may serve the Notice of Withdrawal in respect of the Notice of Negotiation, before the contract is terminated under the Framework. In this regard, note that if the Other Party does not serve and lodge a Notice of Objection during the 2-week Objection Period, the contract is deemed terminated 2 days after the end of the 2-week Objection Period.
(A) Other Party objects to Affected Business’ eligibility for relief ↩
If the Other Party or his assignee wishes to dispute the Affected Business’ eligibility for relief under the Framework, within the 2-week Objection Period, he must serve a Notice of Objection on the required parties and lodge the Notice of Objection with the Registrar. For examples of how to determine the start and end of the 4-week Negotiation Period, please refer to here.
The Other Party or his assignee may only object to the Affected Business’ Notice of Negotiation on any one or more of the following grounds:
- The contract in question is not a specified contract.
- The contract is a Contract of National Interest.
- The Affected Business does not satisfy the eligibility criteria for relief.
- The Notice of Negotiation was not served in accordance with section 45 of the Act. (e.g. the Notice was not served between 15 January 2021 and 26 February 2021)
To object to the Notice of Negotiation, the Other Party must lodge the Notice of Objection with the Registrar and serve the Notice of Objection within the 2-week Objection Period on the following Recipient(s), where applicable:
- The Affected Business.
- Any other party to the contract;
- The Affected Business’ guarantor or surety, or issuer of a performance bond, in relation to the Affected Business’ obligations under the contract; and
- Any assignee of any party to the contract.
The following documents should have been attached to the Notice of Objection:
Please note that the last day of the latest possible Objection Period was 9 April 2021. If you did not serve and lodge the Notice of Objection by 9 April 2021, you will not be able to object to the Notice of Negotiation.
If you did not serve and lodge the Notice of Objection during the Objection Period, the contract may be terminated upon the expiry of the second day after the Objection Period. The default consequences upon termination of a contract under the Act are set out here. |
If the Other Party or his assignee has served a Notice of Objection within the 2-week Objection Period, Step 4 is not applicable. You may refer to Step 5 below on the steps after a Notice of Objection is served and lodged.
(B) Other Party is a landlord who wishes to seek compensation from the Affected Business ↩
Where the Affected Business is a tenant who has served a Notice of Negotiation on his landlord and the landlord is an eligible landlord who wishes to seek compensation from the tenant for its termination of the contract under the Framework, the landlord must within the 2-week Objection Period, lodge the Notice for Compensation with the Registrar and serve the Notice for Compensation within the 2-week Objection Period on the following Recipient(s), where applicable:
- The tenant who served the Notice of Negotiation;
- Any other parties to the lease or licence, including any other landlords or any other tenants;
- The tenant’s guarantor or surety, or issuer of a performance bond, in relation to the tenant’s obligations under the contract; and
- Any assignee of any party to the contract.
Before serving the Notice for Compensation, the landlord should have enclosed the supporting documents (set out here) with the Notice for Compensation.
Note: The 2-week Objection Period is the same period in which the Landlord must lodge and serve the Notice of Objection, if applicable.
- If the landlord wishes to dispute the tenant’s eligibility for relief but at the same time wishes to obtain compensation from the tenant if the contract is ultimately terminated, the landlord must lodge and serve both a Notice of Objection and a Notice for Compensation within the 2-week Objection Period.
- Similarly, if a landlord does not dispute the tenant’s eligibility for relief but wishes to obtain compensation from the tenant, the landlord must lodge and serve a Notice for Compensation within the 2-week Objection Period. A Notice for Compensation may be lodged and served even if a Notice of Objection is not lodged and served.
- For examples of how to determine the start and end of the 4-week Negotiation Period, please refer to here.
Please note that the last day of the latest possible Objection Period was 9 April 2021. If you did not serve and lodge the Notice for Compensation by 9 April 2021, you will not be able to seek compensation from your tenant for the termination of the contract under the Framework. |
(C) Other Party does not object to Affected Business’ eligibility for relief ↩
Where the Other Party accepts that the Affected Business is eligible for relief under the Framework, he does not need to serve and lodge a Notice of Objection. If no Notice of Objection is served and lodged during the 2-week Objection Period, the contract is deemed terminated 2 days after the end of the 2-week Objection Period or on a date agreed between all the parties to the contract.
If the parties are unable to agree on the terms of termination under the contract, please refer to Step 4 below regarding the lodgment and service of the Notice for Adjustment after the end of the 2-week Objection Period in this situation.
Step 4: Either Affected Business, Other Party or Other Party’s assignee lodges and serves Notice for Adjustment ↩
Where no Notice of Objection was served and lodged during the 2-week Objection Period, the contract is deemed terminated 2 days after the end of the 2-week Objection Period or on a date agreed between all the parties to the contract. The default terms of termination under the Framework (in Part 4 of the Second Schedule) apply to the termination of the contract. Please refer to here for more information.
If the parties do not agree with the default terms and are unable to agree on the terms of termination between themselves, the Affected Business, the Other Party or the Other Party’s assignee may seek an Assessor’s determination on the adjustment of rights and obligations under the contract on a just and fair basis.
To seek the Assessor’s determination, within 2 weeks after the end of the 2-week Objection Period (the “Adjustment Period”), the Affected Business, the Other Party or the Other Party’s assignee must lodge the Notice for Adjustment with the Registrar and serve the Notice for Adjustment on the following Recipient(s), where applicable:
- Any other party to the contract.
- Any person who is a guarantor or surety, or who has issued a performance bond, in relation to the obligations of the Affected Business.
- Any assignee of any party to the contract.
- For examples of how to determine the start and end of the 4-week Negotiation Period, please refer to here.
The Notice for Adjustment should have been accompanied by the following documents:
- A copy of the Notice of Negotiation and all documents which were enclosed to the Notice of Negotiation.
- Any supporting documents to support the proposal for adjustment of the rights and obligations under the contract.
Please note that the last day for serving and lodging the Notice for Adjustment was 23 April 2021 (i.e. 2 weeks after the last day of the latest possible Objection Period). If you did not serve and lodge the Notice for Adjustment by 23 April 2021, you will not be able to seek an adjustment of rights and obligations under the Framework for a contract which has been terminated. |
Step 5: Registrar reviews Notice of Objection / Notice for Compensation / Notice for Adjustment ↩
The Registrar will review the Notice of Objection / Notice for Compensation / Notice for Adjustment.
If the Registrar is satisfied that the Notice of Objection / Notice for Adjustment / Notice for Compensation is in order, the Registrar will send to the Affected Business, the Other Party and their assignees by way of email:
- An acknowledgment of receipt of the Notice of Objection / Notice for Adjustment / Notice for Compensation, as the case may be.
- A notice of the appointment of one or more Assessors to make a determination concerning the Notice of Objection / Notice for Adjustment / Notice for Compensation, as the case may be.
- If applicable, a notice of the date and place for the hearing.
If the Registrar refuses to accept lodgment of a Notice of Objection or the Notice of Objection is withdrawn by the Other Party, the contract is deemed terminated 2 days after the end of the 2-week Objection Period or on a date agreed between all the parties to the contract. If a determination is required to be made by an Assessor on the adjustment of the rights and obligations of the parties and their assignees upon a termination, the Registrar will send to the Affected Business, the Other Party and their assignees by way of email:
- A notice of the appointment of one or more Assessors to make a determination on the adjustment of rights and obligations.
- If applicable, a notice of the date and place for the hearing.
Step 6: Assessor Conducts Hearing and Makes Determination ↩
Where Notice of Objection and/or Notice for Compensation is lodged
Where the Other Party or his assignee has lodged a Notice of Objection and/or Notice for Compensation and they are accepted by the Registrar, the Registrar will appoint an Assessor(s) to first make a determination on:
- The Affected Business’ eligibility for relief under the Framework and the date of termination of the contract if the Affected Business is eligible (in respect of a Notice of Objection) without making a determination on the adjustment of rights and obligations under the contract; and/or
- The landlord’s eligibility for the compensation and the amount of compensation (in respect of a Notice for Compensation),
After the determination(s) on the Affected Business’ eligibility under the Notice of Objection made, if the Affected Business is determined to be eligible and the contract is terminated, the parties are encouraged to negotiate and agree on the adjustment of rights and obligations under the contract, taking into account the default terms of termination under the Framework (in Part 4 of the Second Schedule). Please refer to here for more information.
If an agreement is not reached and either party wishes to seek an Assessor’s determination on the adjustment of rights and obligations, that party must inform the Registrar (copying the other party) within 14 days from the date of the determination(s) that he wishes to seek an Assessor’s determination on the matter .
The Registrar will proceed to appoint one or more Assessors to make a determination on the adjustment of rights and obligations of the parties and their assignees upon the termination of the contract.
Where no Notice of Objection, and only Notice for Adjustment is lodged
Where the Other Party or his assignee has not lodged a Notice of Objection during the 2-week Objection Period and only a Notice for Adjustment is lodged by either party, the Registrar need not appoint an Assessor to make a determination on the Affected Business’ eligibility for relief under the Framework and the date of termination of the contract. Instead, the Registrar will appoint an Assessor to make a determination on the adjustment of rights and obligations of the parties and their assignees upon the termination of the contract under the Framework.
Mode of hearing
The hearing will generally be conducted over email. The Assessor(s) may request for clarifications or further documents by email. If the Assessor(s) is of the opinion that the interest of justice would be better served by an online or physical hearing:
- Online hearings will be conducted via Webex.
- Physical hearings will be held at a venue to be advised by the Registrar.
Please note for online or physical hearings:
- The Assessor(s) may permit a party to be accompanied by an interpreter at the hearing. The party will be responsible for sourcing their own interpreter.
- No party may be represented by an advocate and solicitor at proceedings before Assessor(s).
If a party to a contract or his assignee is absent from the hearing, the Assessor(s) may deem that that party (or that party’s assignee) has withdrawn the Notice lodged by him; or may proceed to hear and make a determination on the case.
If a person had a good reason for being absent, he may make an application to set aside the determination made in their absence (see here).
Step 7: Registrar Informs Affected Business and Other Party of Assessor’s Determination ↩
After the Assessor(s) has made a determination, the Registrar will inform the Affected Business, the Other Party and their assignees.
There is no appeal against an Assessor’s determination, and it will be binding on all parties to the contract and their assignees.
The Registrar may publish the facts of the case, the arguments and the determination without disclosing the names of the parties concerned or any information that may disclose their identities.
Withdrawal of Notice of Negotiation, Notice of Objection to Notice of Negotiation, Notice for Adjustment and Notice for Compensation↩
Where any party who has lodged and served Notice of Negotiation, Notice of Objection to Notice of Negotiation, Notice for Adjustment or Notice for Compensation wishes to withdraw that Notice, that party must lodge a Notice of Withdrawal with the Registrar, and serve the Notice of Withdrawal on the following Recipient(s), before the contract is terminated under the Framework or the Assessor makes a determination on the relevant Notice, as the case may be:
Type of Notice you are withdrawing | Recipient(s) on whom you must serve Notice of Withdrawal if you had served the Relevant Notice on them |
Notice of Negotiation (s 48(1)) |
- All the other parties to the contract; and - Any assignee to any party to the contract. |
Notice of Objection (s 48(3)) |
- The party who served the Notice of Negotiation on you; - All the other parties to the contract; and - Any assignee to any party to the contract. |
Notice for Adjustment (s 48(4)) |
- All the other parties to the contract; and - Any assignee to any party to the contract. |
Notice for Compensation (s 52) |
- The party who served the Notice of Negotiation on you; - All the other parties to the contract; and - Any assignee to any party to the contract. |
Submission and service by the electronic system To submit to the Registrar and serve the Notice of Withdrawal on the Recipient(s) using the electronic system, you must have an email address, as well as the email address(es)* of the Recipient(s): |
*Email address is (i) an email address at which you have corresponded with the Recipient regarding the contract; or (ii) if (i) is not available, an email address which the Recipient has represented to you as the address to which communications may be sent.
Please note if you have filed and/or served more than one Notice of Negotiation, Notice of Objection to Notice of Negotiation, Notice for Adjustment or Notice for Compensation, you must lodge and serve the Notice of Withdrawal for each of the Notices you wish to withdraw.
FAQs ↩
1. What happens if I did not serve the Notice of Negotiation with the relevant supporting documents on the relevant parties by 26 February 2021?
The timeline for service was a hard deadline. If you did not serve the Notice of Negotiation with the relevant supporting documents on the relevant parties by 26 February 2021, you will not be able to obtain relief under the Framework.
2. Why should I attach the supporting documents? These take a lot of time to prepare.
You should attach the supporting documents (set out here) to demonstrate to the other party that you comply with the eligibility criteria, and will help ensure fast and efficient good faith negotiations.
You may be allowed subsequently to provide documents and information by the Registrar or an Assessor to support your position, but, this is at the Registrar’s or Assessor’s discretion, and this may delay a resolution of the application.
3. My contract was terminated by the Other Party on or after 2 November 2020 and before I served the Notice of Negotiation. How do I apply for relief?
The process above applies in the same manner for contracts which were terminated on or after 2 November 2020 and before the Notice of Negotiation has been served, except that the date of termination would be the date on which your contract was terminated by the Other Party.
4. What if the Other Party terminates my contract after I serve the Notice of Negotiation?
The Other Party is prevented from terminating your contract in respect of any failure to perform an obligation that you are to perform from the day of service of the Notice of Negotiation.
The Other Party is however not prohibited from terminating your contract in respect of your failure, if any to perform any obligation under the contract before the day the Notice of Negotiation is served. In such case where your contract has been terminated before the termination under the Framework, if you are eligible, the default terms of termination under the Framework would apply to the termination by the Other Party, as if it were a termination under the Act. The process above applies to you and the Other Party in the same manner, except that the date of termination would be the date in which your contract was terminated by the Other Party.
5. Can I serve a Notice of Negotiation if I am unsure whether my contract is a contract that is excluded from relief under the Framework?
Any party can serve a Notice of Negotiation in respect of their contract.
However, any of the counterparties to the contract is also similarly entitled to serve and lodge a Notice of Objection disputing your eligibility for relief by stating that your contract is excluded from relief under the Framework.
Once a Notice of Objection is lodged with the Registrar, an Assessor will be appointed to decide on the issue of whether you are eligible for relief.
Parties are encouraged to use the 4-week Negotiation Period to reach an amicable outcome.
6. What is the consequence of breaching the moratorium?
Any person who, without reasonable excuse, breaches the moratorium shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
7. I am subject to Court actions against me for issues related to my Notice of Negotiation. What should I do?
Please refer to (7) Pending Court or Arbitration Proceedings for more information.
8. How do I renegotiate my contract during the 4-week negotiation period?
You can approach the Other Party to the contract to discuss the terms of your contract, including:
(a) Pricing of the contract. For example:
(i) lowering the monthly rent for leasing commercial property or equipment;
(ii) charging rent on the basis of gross turnover of the tenant/lessee each month over a certain period; and/or
(iii) lowering or increasing the price of goods or services delivered.
(b) Payment of outstanding arrears due. For example:
(i) extending the time for payment of outstanding arrears over a period of 12-months, in monthly instalments;
(ii) waiving late payment interest or other applicable fees and charges; and/or
(iii) capping or lowering interest rates for hire-purchase agreements.
(c) Extending or shortening the term of the contract; and
(d) Altering other substantive terms in your contract. For example:
(i) decreasing the amount of security deposit required;
(ii) allowing security deposits to be used to offset outstanding arrears;
(iii) lowering the minimum amount of goods/services required to be supplied or purchased per month; and/or
(iv) waiving or lowering of delivery costs and other applicable fees.
9. The Other Party to the contract is unreasonable. Can the Government intervene and help me with my negotiations with the Other Party?
The Government is unable to negotiate the contract on your behalf.
You may wish to consider mediation, which is a process whereby parties refer their dispute to a neutral third party who will assist the parties in arriving at a mutually acceptable resolution of the dispute.
For more information on mediation and how it may help you, please refer to the links below:
(a) Law Society Mediation Scheme;
(b) Mediation at the Singapore Mediation Centre.
10. I am an Affected Business. The Other Party and I are agreeable to engage a mediator during the 4-week negotiation period to assist with our negotiations. What is the process and is there any cost involved?
Parties may wish to consider referring their matter to the Singapore Mediation Centre (“SMC”) or the Law Society Mediation Scheme (“LSMS”) to engage an independent mediator to assist parties with mediation for purposes of the 4-week negotiation period.
Singapore Mediation Centre
If parties wish to refer their matter for mediation at SMC, parties should email enquiries@mediation.com.sg with the subject header: Re-Align Framework – Mediation of Dispute. A copy of the Notice of Negotiation, along with the relevant supporting documents accompanying the Notice of Negotiation, should also be enclosed in the email to SMC.
SMC has also kindly extended the following discounted fee rates for parties who wish to mediate under the Re-Align Framework:
Sum in dispute | Mediation fees (per party) | Filing fees |
S$0 – S$10,000 | S$80.25 for 4 hrs via videoconferencing | Non-refundable fee of S$26.75 per party. Filing fee will be set-off from the mediation fee where a mediation session is held. |
S$10,001 - S$20,000 | S$214 for 4 hrs | Non-refundable fee of S$26.75 per party. Filing fee will be set-off from the mediation fee where a mediation session is held. |
S$20,001 – S$40,000 | S$299.60 for 4 hrs | Non-refundable fee of S$26.75 per party. Filing fee will be set-off from the mediation fee where a mediation session is held. |
S$40,001 – S$60,000 | S$385.20 for 4 hrs | Non-refundable fee of S$26.75 per party. Filing fee will be set-off from the mediation fee where a mediation session is held. |
After the 4 hrs, there will be an hourly charge for the band from S$10,000 to S$60,000. Please refer here for more information.
Law Society Mediation Scheme
If parties wish to refer their matter for mediation at LSMS, parties should submit a completed Request for Mediation form via email to represent@lawsoc.org.sg; and pay the required non-refundable administration fee of S$100.00 per party. A copy of the Notice of Negotiation, along with the relevant supporting documents accompanying the Notice of Negotiation, should also be enclosed in the email to Law Society.
LSMS has also kindly extended discounted fee rates for parties who wish to mediate under the Re-Align Framework. More information on the discounted fee rates may be found here.
Please also note that any request to Singapore Mediation Centre or to the Law Society Mediation Scheme should be made before the end of the 2nd week of the 4-week negotiation period. This is to allow SMC or LSMS sufficient time to appoint a mediator to assist in the parties’ negotiations.