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

case for mediation to an equality mediation officer.‖ 77 Under the Employment
Equality Act 1998 the Labour Court, on making a similar judgement, may refer a
case to the Director for mediation by an equality mediation officer if the Court
decides not to attempt to resolve the case itself. 78 The mediation option is
available to the parties at any stage in the investigation process right up to the
day of the hearing. It has often happened that a hearing is adjourned to give the
parties an opportunity to resolve the case by mediation. 79
4.46 Mediation at the Equality Tribunal is completely voluntary. In
adhering to the consensual nature of mediation, the 1998 and 2000 Acts
provide that mediation cannot take place if either party objects. 80 Mediation has
been reported to be more efficient than an investigation before an equality
officer, on average 3 times quicker. 81 An investigation is a quasi-judicial process
carried out by a Tribunal Equality Officer who will consider submissions from
both parties before arranging a joint hearing or hearings of the case to enable
him/her to reach a decision in the matter. Investigations are conducted by
trained Equality Officers who have extensive powers to enter premises and to
obtain information to enable them to conduct an investigation. Decisions are
binding and are published.
4.47 The mediation process is informal and does not involve written
submissions. Mediation is conducted in private 82 and agreements are not
published, unlike Equality Officer investigations and decisions. The parties are
also given a ―cooling off‖ period before being asked to sign an agreement to
77 Section 78(1) of the Employment Equality Act,1998. Section 24 (1) of the Equal
Status Act 2000.
78 Section 78(2)(b). of the Employment Equality Act 1998
79 Gogan Developments in ADR: The Equality Tribunal‘s Mediation Service 2 Years
On (Equality Tribunal, 2002) at 8.
80 Section 78(3) of the Employment Equality Act 1998. Section 24(2) of the Equal
Status Act 2000.
81 Gogan Developments in ADR: The Equality Tribunal‘s Mediation Service 2 Years
On (Equality Tribunal, 2002) at 1.
82 Section 78(4) of the Employment Equality Act 1998. Section 24(3) of the Equal
Status Act 2000.
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