Mediation Act 2017

3.

Scope

3. (1) This Act shall not apply to:

(a) an arbitration within the meaning of the Arbitration Act 2010;

(b) a dispute that falls under the functions of, or is being investigated by, the Workplace Relations Commission, including a dispute being dealt with under Part 4 of the Workplace Relations Act 2015, whether by a mediation officer appointed under section 38 of that Act or otherwise;

(c) a matter that may be determined by—

(i) an Appeal Commissioner appointed under section 8 of the Finance (Tax Appeals) Act 2015,

(ii) the High Court under section 949AR of the Taxes Consolidation Act 1997, or

(iii) a property arbitrator appointed under section 2 of the Property Values (Arbitrations and Appeals) Act 1960 in relation to a decision of the Revenue Commissioners as to the market value of any real property;

(d) an application under section 901, 902A, 907, 907A, 908, 908B or 1077B of the Taxes Consolidation Act 1997;

(e) proceedings under—

(i) sections 960I, 960M, 960N, 1061, 1062 or 1077D of the Taxes Consolidation Act 1997,

(ii) section 20 of the Customs Act 2015, or

(iii) section 127 of the Finance Act 2001;

(f) proceedings in the High Court by way of judicial review or of seeking leave to apply for judicial review;

(g) proceedings against the State in respect of alleged infringements of the fundamental rights and freedoms of a person;

F1 [ (h) proceedings under the Domestic Violence Act 2018; ]

(i) proceedings under the Child Care Acts 1991 to 2015;

(j) subject to subsection (3), any other dispute or proceedings relating to a dispute which may be prescribed for the purposes of this subsection.

(2) Nothing in this Act shall be construed as replacing a mediation or other dispute resolution process provided for in any—

(a) other enactment or instrument made under any other enactment, or

(b) contract or agreement.

(3) In prescribing, under paragraph (j) of subsection (1), a dispute or proceedings relating to a dispute for the purposes of that subsection, the Minister shall have regard to—

(a) the unsuitability of mediation as a means of resolving the dispute or proceedings relating to a dispute,

(b) the availability and suitability of means, other than mediation, of resolving the dispute or proceedings relating to a dispute, and

(c) the rights (if any) of the parties to the dispute or proceedings relating to a dispute to engage in proceedings before a court to resolve the dispute or proceedings relating to a dispute.