Residential Tenancies Act 2004

Provisions common to mediators and adjudicators.

101

101.—(1) In respect of a matter dealt with by him or her under this Chapter, the mediator or adjudicator shall—

( a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought reasonably be aware,

( b) act at all times in accordance with the highest standards of the professional body, if any, of which he or she is a member,

( c) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 95(4) or 99, otherwise than in accordance with those sections.

(2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless the parties agree to the mediator or the adjudicator continuing to deal with the matter, the Board shall appoint another person from amongst the panel of mediators or adjudicators under section 164(4) to deal with the matter.

(3) References in this Part to the person appointed under section 93(2) or (3) or section 94(a) to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).

(4) Subject to any rules under section 109 , the manner in which a mediation or adjudication is conducted shall be at the discretion of the mediator or adjudicator concerned but it shall be the duty of that person to ensure that the mediation or adjudication is conducted without undue formality.

Annotations

Amendments:

F145

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2016), s. 48, not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: subs. (3) amended by Residential Tenancies (Amendment) Act 2015 (42/2016), s. 48, not commenced as of date of revision.

(3) References in this Part to the person appointed under section 93(2) or (3) or F145 [ 94(a) or 94(aa) ] to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).