Employment Equality Act, 1998

Mediation.

78.—(1) Subject to subsection (3), if at any time after a case has been referred to the Director under section 77 (1) it appears to the Director that the case is one which could be resolved by mediation, the Director shall refer the case for mediation to an equality mediation officer.

(2) Subject to subsection (3), if at any time after a case has been referred to the Labour Court under section 77 (2) it appears to the Labour Court that the case is one which could be resolved by mediation, the Labour Court shall either—

(a) attempt to resolve the case in that way itself, or

(b) refer the case to the Director for mediation by an equality mediation officer.

(3) If the complainant or the respondent objects to a case being dealt with by way of mediation, the Director or, as the case may be, the Labour Court shall not exercise their powers under this section but shall deal with the case under section 79 .

(4) Mediation, whether by an equality mediation officer or by the Labour Court, shall be conducted in private.

(5) Where a case referred under section 77 is resolved by mediation—

(a) the equality mediation officer concerned or, as the case may be, the Labour Court 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 equality mediation officer concerned or, as the case may be, the Labour Court 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 Director or the Labour Court, as the case may require.

(6) If after—

(a) a case has been referred to an equality mediation officer under subsection (1) or (2)(b), or

(b) the Labour Court has attempted to resolve a case under subsection (2)(a),

it appears to the equality mediation officer or, as the case may be, the Labour Court that the case cannot be resolved by mediation, that officer or that Court shall issue a notice to that effect to the complainant and the respondent.

(7) Where—

(a) a notice has been issued under subsection (6) with respect to a case,

(b) within 28 days from the issue of that notice the complainant makes an application to the Director or, as the case may be, the Labour Court for the resumption of the hearing of the case, and

(c) if the notice was issued by an equality mediation officer, a copy of that notice accompanies the application under paragraph (b),

the Director or the Labour Court, as the case may require, shall proceed or, as the case may be, continue to deal with the case under section 79 .