Mediation Act 2017


Minimum Requirements in Relation to Council

Section 12 (4)

1. The general functions of the Council shall be to do the following:

(a) promote public awareness of, and provide information to the public, on the availability and operation of mediation in the State;

(b) maintain and develop standards in the provision of mediation, including the establishment of a system of continuing professional development training;

(c) prepare codes of practice for mediators for approval by the Minister under section 9 and oversee the implementation of any code of practice published or approved under that section;

(d) establish and maintain a register of mediators who have subscribed to a code of practice published or approved under section 9 ;

(e) advise the Minister on the preparation or approval of a scheme under section 23 and on the delivery of mediation information sessions in family law cases.

2. The Council shall be independent in the performance of its functions.

3. The Council shall consist of not less than 11 members, of whom—

(a) 5 shall be members who are representative of bodies promoting mediation services or representing the interests of mediators, and

(b) 6 shall be members who represent the public interest (in this Schedule referred to as “public interest members”).

4. (1) The Council may regulate, by standing orders or otherwise—

(a) the term of office and re-appointment of members of the Council,

(b) the procedures to be followed at meetings of the Council, and

(c) any other business of the Council.

(2) One of the public interest members of the Council shall be appointed as chairperson.

5. (1) The public interest members shall—

(a) be persons who are independent of the interests of mediators, and

(b) be selected for appointment as members in accordance with a selection process that is advertised to members of the public in a manner that the Minister considers to be sufficient.

(2) The criteria for selecting persons for appointment as public interest members shall be published in such manner as will enable them to be inspected by members of the public.

6. The Council shall be funded from fees calculated in accordance with such rules as it shall make for that purpose.