Multi-Unit Developments Act 2011

27.

Mediation conferences.

27.— (1) ( a) Upon its own motion or upon the request of any party to an application under section 24 , the court may at any stage during the course of the proceedings (including immediately after the issue of the proceedings), if it considers that the holding of a meeting pursuant to a direction under this subsection would assist in reaching a settlement of the matter, direct that the parties to the application meet to discuss and attempt to settle the matter.

( b) A meeting held pursuant to a direction under this subsection is in this Act referred to as a “mediation conference”.

(2) Where the court gives a direction under subsection (1), each party to the application concerned shall comply with that direction.

(3) A mediation conference shall take place—

( a) at a time and place agreed by the parties to the application concerned, or

( b) where the parties do not agree a time and place, at a time and place specified by the court.

(4) There shall be a chairperson of a mediation conference who shall—

( a) be a person appointed by agreement of all the parties to the application concerned, or

( b) where no such agreement is reached—

(i) be a person appointed by the court, and

(ii) (I) be a practising barrister or practising solicitor of not less than 5 years standing, or

(II) a person nominated by a body prescribed, for the purpose of this section, by order of the Minister.

(5) Subject to section 28 , the notes of the chairperson of a mediation conference and all communications during a mediation conference or any records or other evidence thereof shall be confidential and shall not be used in evidence in any proceedings whether civil or criminal.

(6) The costs incurred in the holding and conducting of a mediation conference shall be paid by such party to the application concerned as the court hearing the action shall direct.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (8.03.2011) by Multi-Unit Developments Act 2011 (Section 27) (Prescribed Bodies) Order 2011 (S.I. No. 112 of 2011).