24.—(1) Subject to subsection (2), if at any time after a case has been referred to the F53[Director of the Workplace Relations Commission] under section 21 it appears to the F53[Director of the Workplace Relations Commission] that the case is one which could be resolved by mediation, the F53[Director of the Workplace Relations Commission] shall refer the case for mediation to an F54[mediation officer].

(2) If the complainant or the respondent objects to a case being dealt with by way of mediation, the F53[Director of the Workplace Relations Commission] shall not exercise his or her powers under this section but shall deal with the case under section 25.

(3) Mediation shall be conducted in private.

(4) Where a case referred under section 21 is resolved by mediation—

(a) the F54[mediation officer] concerned shall prepare a written record of the terms of the settlement,

(b) the written record of the terms of the settlement shall be signed by the complainant and the respondent,

(c) the F54[mediation officer] shall send a copy of the written record, as so signed, to the complainant and the respondent, and

(d) a copy of the written record shall be retained by the F53[Director of the Workplace Relations Commission].

(5) If, after a case has been referred to an F54[mediation officer], it appears to the F54[mediation officer] that the case cannot be resolved by mediation, the officer shall issue a notice to that effect to the complainant and the respondent.

(6) Where—

(a) a notice has been issued under subsection (5) with respect to a F55[case, and]

(b) within F56[42 days] from the issue of that notice the complainant makes an application F57[in writing] to the F53[Director of the Workplace Relations Commission] for the resumption of the hearing of the F55[case,]

(c) F58[…]

the F53[Director of the Workplace Relations Commission] shall deal with the case in accordance with section 25.