Mediation Act 2017
Codes of practice
9. (1) The Minister shall, as soon as practicable after the coming into operation of this section and having had regard to the matters specified in subsection (2)—
(a) prepare and publish a code or codes of practice to set standards for the conduct of mediations, or
(b) approve a code or codes of practice prepared by a person other than the Minister which purports to set standards for the conduct of mediations.
(2) A code of practice referred to in subsection (1) may include provisions in relation to any of the following:
(a) continuing professional development training requirements for mediators;
(b) procedures to be followed by mediators in the conduct of a mediation;
(c) procedures to be followed by mediators in the conduct of a mediation requiring consultation, by a mediator, with a child;
(d) ethical standards to be observed by mediators during a mediation;
(e) confidentiality of a mediation;
(f) procedures to be followed by a party for redress in the event of dissatisfaction with the conduct of a mediation;
(g) determination of the fees and costs of a mediation;
(h) any other matters relevant to the conduct of mediation.
(3) Before publishing or approving a code of practice under this section, the Minister shall—
(a) publish a notice on the website of the Department of Justice and Equality and in at least one daily newspaper circulating generally in the State—
(i) indicating that he or she proposes to publish or approve a code under this section,
(ii) indicating that a draft of the code is available for inspection on that website for a period specified in the notice (being not less than 30 days from the date of the publication of the notice in the newspaper), and
(iii) stating that submissions in relation to the draft code may be made in writing to the Minister before a date specified in the notice (which shall be not less than 30 days after the end of the period referred to in subparagraph (ii)),
(b) have regard to any submissions received pursuant to paragraph (a)(iii).
(4) Where the Minister prepares or approves a code of practice under this section, he or she shall cause a notice of the preparation or approval to be published in Iris Oifigiúil and the notice shall specify the date from which the code shall come into operation.
(5) Subject to subsection (6), the Minister may—
(a) amend or revoke a code of practice prepared or approved under this section, or
(b) withdraw approval in respect of any code of practice previously approved under this section.
(6) The requirements of subsections (3) and (4) shall, with all necessary modifications, apply to a code of practice that the Minister intends to amend or revoke or in relation to which the Minister intends to withdraw his or her approval.
(7) Where the Minister amends or revokes, or withdraws his or her approval in respect of, a code of practice under this section, he or she shall cause a notice to that effect to be published in Iris Oifigiúil specifying—
(a) the code to which the amendment, revocation or withdrawal of approval, as the case may be, relates,
(b) whether the code is to be amended or revoked or whether approval in relation to the code is to be withdrawn,
(c) if the code is to be amended, particulars of the amendment, and
(d) the date from which the amendment, revocation or withdrawal of approval, as the case may be, shall come into operation.
(8) In this section “code of practice” includes part of a code of practice.