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Residential Tenancies Act 2004
Mediation.
95.—(1) The following provisions apply to a mediation which the Board has arranged 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 F257[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 F259[Director] F260[, but shall otherwise maintain the confidentiality of the mediation and shall not disclose the report to any other person].
F261[(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 F262[10 working 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 F263[subsection (4)(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) F264[…]
Annotations
Amendments:
F257
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(1), (2), S.I. No. 119 of 2016.
F258
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.
F259
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.
F260
Inserted (14.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 33(1)(a), S.I. No. 434 of 2026, subject to transitional provision in subs. (2).
F261
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(3), S.I. No. 119 of 2016.
F262
Substituted (14.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 33(1)(b), S.I. No. 434 of 2026, subject to transitional provision in subs. (2).
F263
Substituted (14.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 33(1)(c), S.I. No. 434 of 2026.
F264
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(4), S.I. No. 119 of 2016.
Editorial Notes:
E164
Previous affecting provision: subs. (5) amended (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(2), S.I. No. 119 of 2016.; amendment substituted (23.07.2018) as per F-note above.
E165
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.