Equal Status Act 2000

Mediation.

24

24. (1) Subject to subsection (2) , if at any time after a case has been referred to the F53 [ Director of the Workplace Relations Commission ] under section 21 it appears to the F53 [ Director of the Workplace Relations Commission ] that the case is one which could be resolved by mediation, the F53 [ Director of the Workplace Relations Commission ] shall refer the case for mediation to an F54 [ mediation officer ] .

(2) If the complainant or the respondent objects to a case being dealt with by way of mediation, the F53 [ Director of the Workplace Relations Commission ] shall not exercise his or her powers under this section but shall deal with the case under section 25 .

(3) Mediation shall be conducted in private.

(4) Where a case referred under section 21 is resolved by mediation

( a ) the F54 [ mediation officer ] concerned shall prepare a written record of the terms of the settlement,

( b ) the written record of the terms of the settlement shall be signed by the complainant and the respondent,

( c ) the F54 [ mediation officer ] shall send a copy of the written record, as so signed, to the complainant and the respondent, and

( d ) a copy of the written record shall be retained by the F53 [ Director of the Workplace Relations Commission ] .

(5) If, after a case has been referred to an F54 [ mediation officer ] , it appears to the F54 [ mediation officer ] that the case cannot be resolved by mediation, the officer shall issue a notice to that effect to the complainant and the respondent.

(6) Where

( a ) a notice has been issued under subsection (5) with respect to a F55 [ case, and ]

( b ) within F56 [ 42 days ] from the issue of that notice the complainant makes an application F57 [ in writing ] to the F53 [ Director of the Workplace Relations Commission ] for the resumption of the hearing of the F55 [ case, ]

( c ) F58 [ ]

the F53 [ Director of the Workplace Relations Commission ] shall deal with the case in accordance with section 25 .

Annotations:

Amendments:

F53

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F54

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(e)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F55

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 58(a) and (b), commenced on enactment.

F56

Substituted (20.12.2012) by Equal Status (Amendment) Act 2012 (41/2012), s. 4, commenced on enactment.

F57

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 58(b), commenced on enactment.

F58

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 58(c), commenced on enactment.