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

9.34 Mediation at the PTRB is voluntary in nature and both parties must
consent to participate in the process. 39 If both parties agree to mediation, a
PRTB mediator will be appointed to assist the parties to resolve the dispute.
Should either of the parties decide not to use the services of a PRTB mediator
or should the PRTB consider that the case is not suitable for mediation, a PRTB
adjudicator will be appointed to examine the evidence of the parties and
investigate the dispute fully. The adjudicator, who plays a determinative role in
the process, will decide how the dispute is to be resolved. 40 A mediation
agreement or adjudication decision that is not appealed will become a binding
determination order of the PRTB. 41
(3) Tenancy Tribunals of the PRTB
9.35 A dispute will be referred to a Tenancy Tribunal if any of the parties
wishes to appeal the adjudicator‘s decision within 21 days or in the event that
mediation is unsuccessful and any of the parties request a Tribunal hearing. 42 In
certain exceptional cases the PRTB may refer a dispute directly to the Tribunal,
for example where there appears to be imminent risk of damage to the dwelling
or danger to one of the parties.
9.36 Each Tenancy Tribunal consists of three persons who have relevant
professional knowledge and experience. 43 The Tenancy Tribunal holds its
hearings in public. 44 Although its procedures are relatively informal basic court
rules are applied. Where it considers it appropriate the Tribunal may summon
witnesses, require the production of any document and take evidence under
oath. 45 The parties will be allowed participate fully and give their evidence. 46 The
Tribunal‘s determination of the dispute will be issued to the parties as a
determination order of the PRTB and is binding unless appealed, within 21
days, to the High Court on a point of law. 47
39 Section 93 of the 2004 Act.
40 Section 97 of the 2004 Act.
41 Section 123 of the 2004 Act.
42 Section 104 of the 2004 Act.
43 Section 103 of the 2004 Act.
44 Section 106 of the 2004 Act.
45 Section 105 of the 2004 Act sets out provisions in relation to evidence and the
summoning of witnesses.
46 Section 104(6) of the 2004 Act.
47 Section 123 of the 2004 Act.
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