Consultation Paper on Alternative Dispute Resolution - Law Reform ...

D The Equality Tribunal
4.42 The Equality Tribunal was established under the Employment
Equality Act 1998 to ensure proper compliance with the increasingly complex
body of equality legislation. 72 Its core function is to investigate and/or mediate
complaints of unlawful discrimination and its services are free of charge. The
Tribunal has competence to act under 9 prohibited grounds of discrimination. 73
Its remit was extended to cover discrimination outside of employment under the
Equal Status Act 2000.
(1) Mediation at the Equality Tribunal: An Overview
4.43 Section 78 of the Employment Equality Act 1998 provides for the
establishment of a mediation service, staffed by Equality Mediation Officers. A
similar approach to mediation is also found in the Equal Status Act 2000. 74
Neither the 1998 Act nor the 2000 Act define the process of mediation.
However, the Equality Tribunal Mediation Guidelines defines it as:
―…an internationally recognised process whereby a neutral and
impartial person facilitates the parties in a dispute to explore their
area(s) of dispute and, where possible, to assist them in reaching a
mutually acceptable agreement / settlement. The mediator empowers
the parties to negotiate their own agreement on a clear and informed
basis, should each party wish to do so. The process is voluntary and
either party may terminate it at any stage.‖ 75
4.44 The Commission acknowledges that this reflects the Commission‘s
definition of mediation. 76
4.45 The 1998 and 2000 Acts provide that if, at any time after a case has
been referred to the Director of the Tribunal it appears to the Director that the
case is one which could be resolved by mediation ―the Director shall refer the
72 Teague Towards Flexible Workplace Governance: Employment Rights, Dispute
Resolution and Social Partnership in the Irish Republic (The Policy Institute,
Trinity College Dublin, 2005) at 59.
73 These are: gender, marital status, family status, sexual orientation, religion, age,
disability, race and membership of the Traveller community. The grounds apply in
relation to employment, the disposal of goods and property, the provision of
services and accommodation, and in certain aspects of education.
74 Section 24 of the 2000 Act.
75 Mediation Service: Guide to Procedures (Equality Tribunal, 2002) at 2. Available
at www.equalitytribunal.ie.
76 See Chapter 2, above at 2.41.
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