Residential Tenancies Act 2004

Mediation.

95

95.—(1) The following provisions apply to a mediation which the Board has arrange under section 93 in relation to a dispute.

(2) The person appointed under section 93(2) to conduct the mediation (“the mediator”) shall inquire fully into each relevant aspect of the dispute concerned, provide to, and receive from, each party such information as is appropriate and generally make such suggestions to each party and take such other actions as he or she considers appropriate with a view to achieving the objective mentioned in subsection (3).

(3) That objective is to have the issue or issues between the parties resolved by agreement between them without further recourse to the procedures under this Part being needed.

(4) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following—

( a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,

( b) a summary of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties (and this summary shall be contained in a document signed by each of the parties acknowledging that the matter or those matters are agreed to by them), and

( c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the F126 [ persons who participated in ] any such session) and a list of any documents submitted to the mediator (but without disclosing any of their contents).

(5) The mediator shall, after preparing a report under subsection (4) , furnish a copy of it to the F127 [ Director ].

F128 [ (5A) Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than 10 days from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it.

(5B) In this section and section 96 , the date of the completion of the mediation means

(a) the date that the document referred to in subsection (3)(b) is signed by each of the parties, or

(b) where the document is signed by the parties on different dates, the later of those dates. ]

(6) F129 [ ]

Annotations:

Amendments:

F126

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(1), (2), S.I. No. 119 of 2016.

F127

Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 1, S.I. No. 266 of 2018.

F128

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(3), S.I. No. 119 of 2016.

F129

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(4), S.I. No. 119 of 2016.

Modifications (not altering text):

C21

Prospective affecting provision: subs. (5) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 1, not commenced as of date of revision.

(5) The mediator shall, after preparing a report under subsection (4) , furnish a copy of it to the F127 [ Director ].

Editorial Notes:

E73

Previous affecting provision: subs. (5) substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(1), (2), S.I. No. 119 of 2016; substituted as per F-note above.