Financial Services and Pensions Ombudsman Act 2017



58. (1) The Ombudsman shall, as part of an investigation, try, as far as possible, to resolve a complaint by mediation.

(2) The Ombudsman shall engage with complainants and providers to ensure that the objective of mediation is understood to promote engagement in the mediation process.

(3) Participation in mediation by the parties to a complaint is voluntary, and a party may withdraw at any time.

(4) The Ombudsman may, on reasonable grounds, abandon an attempt to resolve a complaint by mediation as he or she considers appropriate.

(5) Evidence of anything said or admitted during a mediation, or an attempted mediation, of a complaint, and any document prepared for the purposes of the mediation, are not admissible—

(a) in any subsequent investigation, under this Part, of the complaint (unless the person who made the admission, or to whom the document relates, consents to its admission), or

(b) in any proceedings before a court or a tribunal in the State.

(6) Where an attempt to resolve a complaint by mediation is unsuccessful, the Ombudsman shall—

(a) deal with the complaint in accordance with section 56, and

(b) notify the parties in writing accordingly.