If the information you are looking for is not here, please check our other Frequently Asked Questions:
1. Does one need a lawyer or other representative to make a complaint, or to attend a hearing or Mediation?
No, you are not required to have a lawyer or any other representative, and the majority of both complainants and respondents are not legally represented. However, you may if you wish arrange representation for instance by a trade union, trade or professional body or a lawyer.
Back to top.
2. Is it possible to bring witnesses to mediation?
Since the purpose of mediation is to talk about the issues in dispute between the parties and not to 'prove' anything, witnesses do not take part in mediation. Parties can, however, bring a family member or friend for moral support if they so wish.
Back to top.
3. How long does mediation take?
A mediation session will generally be completed in 2/3/hours.
Back to top.
4. What redress is available under Equal Status Act, 2000-2011 / Employment Equality Act 1998-2011? Is there a time limit during which the award should be paid?
As mediation is a voluntary process it is not appropriate to speak in terms of 'redress'. Mediated agreements can generally include any terms which both parties agree on, and are not limited to the redress options provided by the Acts. If a payment is agreed between the parties as compensation or as a "gesture of good will" it is normal to also agree a date by which the payment will be made.
Back to top.
5. What happens if the case is not successful at mediation?
If there is no agreement the mediator will issue a letter saying that, in his or her opinion, the case cannot be resolved by mediation. If the complainant wishes to continue with the investigation by an Equality Officer s/he must send a letter to the Tribunal asking for the investigation to be restarted. This letter must be received by the Tribunal within 28 days or 42 days (for complaints under the Employment Equality Act) of the date of the mediator's non-resolution letter.
Where such an application is not made within the specified time limit, the Tribunal has no further jurisdiction in the matter and must close the case file.
Where the case is returned to Investigation, it will not go to the back of the queue, but will be dealt with, as far as possible, as if mediation never happened.