(1) The Council may recommend disputing parties agree on the dispute to be mediated on their own initiative or may prepare a mediation proposal and suggest such proposal to the disputing parties.
(2) The Council may conduct an investigation or require disputing parties to submit relevant materials or to make an appearance, where necessary to verify the fact regarding the relevant dispute to be mediated.
(3) The Council shall dismiss without prejudice a request for mediation filed in relation to any of the following acts or cases; in such cases, the Council shall obtain confirmation from the Fair Trade Commission as to whether the act or case for which the request for mediation is filed falls under subparagraph 4:
1. Where the request for mediation is filed by a person who has no direct interest in the details of the request for mediation;
2. Where the request for mediation is filed with respect to a matter not subject to the application of this Act;
3. An act meeting the criteria prescribed by Presidential Decree, for which it is appropriate for the Fair Trade Commission to directly deal with a suspected violation, taking into account the details, nature, seriousness, etc. of the violation;
4. Where the request for mediation is filed with respect to a case into which the Fair Trade Commission has commenced an investigation pursuant to Article 80 before filing the request for mediation; provided, this shall not apply where a request for dispute mediation is filed after receiving a disposition such as corrective measures from the Fair Trade Commission.
(4) The Council shall terminate the mediation process in any of the following cases: <Amended on Jun. 20, 2023>
1. Where disputing parties have reached an agreement through mediation either by accepting the Council's recommendation or mediation proposal or on their own initiative, etc.;
2. Where disputing parties fail to reach an agreement through mediation even after 60 days (or 90 days, where both disputing parties have agreed to extend the period) from the date the Council receives a request for dispute mediation under Article 76(1) or from the date the Council receives a request for dispute mediation from the Fair Trade Commission under paragraph (2) of that Article;
3. Where no practical benefit can be expected by proceeding with the mediation process in such cases as either of the disputing parties refuses the mediation.
(5) Where the Council dismisses without prejudice a request for mediation or terminates the mediation process, it shall without delay submit a written report stating the progress of mediation and the grounds for dismissing without prejudice the request for mediation or for terminating the mediation process, etc. to the Fair Trade Commission, along with relevant documents, as prescribed by Presidential Decree, and shall notify the disputing parties of such fact.
(6) With respect to a dispute to be mediated for which a disposition for corrective measure, etc. has not been rendered before the commencement of the mediation process, the Fair Trade Commission shall neither take any corrective measure under Article 49(1) nor give any recommendation for correction under Article 88(1) to the disputing parties until the mediation process is terminated.