Residential Tenancies Act 2004

Chapter 4

Mediation and adjudication


95.—(1) The following provisions apply to a mediation which the Board has arrange 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 persons who attended 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 Director.

(6) There shall then be furnished to the Board by the Director—

(a) if the report contains a document of the kind mentioned in subsection (4)(b), a copy of that document (but not any other part of the report), or

(b) if the report does not contain such a document, a statement that no matters have been agreed to by the parties which resolve in whole or part the dispute (but not any part of the report).