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Amendment of section 57CA of Principal Act
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6. The Principal Act is amended by substituting the following for section 57CA (as inserted by section 16 of the Act of 2004):
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“57CA.(1) The Financial Services Ombudsman shall, as part of an investigation, try, as far as possible, to resolve a complaint by mediation.
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(2) The Financial Services Ombudsman shall engage with complainants and providers to ensure that the objective of mediation is understood to promote engagement in the mediation process.
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(3) Participation in mediation by the parties to a complaint is voluntary, and a party may withdraw at any time.
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(4) The Financial Services Ombudsman may, on reasonable grounds, abandon an attempt to resolve a complaint by mediation as he or she considers appropriate.
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(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—
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(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
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(b) in any proceedings before a court or a tribunal in the State.
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(6) Where an attempt to resolve a complaint by mediation is unsuccessful, the Financial Services Ombudsman shall—
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(a) deal with the complaint by adjudication, and
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(b) notify the parties in writing accordingly.”.
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