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Search entire site: Go Advanced Search Home Employment Equality Information Equal Status Information Mediation Frequently Asked Questions What is Mediation? Guide to Procedures Annual Mediation Reviews Principles of Mediation Equality Legislation Database of Decisions Press Releases Publications Forms Leaflets Contact Us Links Irish Language Scheme About Us	What is Mediation? Anyone who feels that they have been discriminated against under the Employment Equality Act 1998-2008, the Equal Status Acts 2000-2008, or the Pensions Acts 1990-2008, may lodge a complaint with The Equality Tribunal within 6 months of the occurrence of the act of discrimination. For full details of procedures and guidelines visit either our 'Employment Equality Claims' section, or visit our 'Equal Status Claims' section. The Mediation Option Mediation is an alternative method of resolving complaints, seeking to arrive at a solution through an agreement between the parties, rather than through an investigation and Decision. If, on receiving a complaint, it seems to the Tribunal that a case could be resolved by mediation rather than investigation, the Tribunal will ask the complainant and respondent to indicate in writing whether they have any objection to trying mediation. An optional Mediation Form, which may be used to signal either consent or objection, is available for download on this page. The Mediation Process The Tribunal will not disclose to one side whether the other side has or has not objected. If neither party objects and the Director considers the case could be resolved by mediation, he will refer the case to an Equality Mediation Officer (Mediator). The Mediator will arrange a mutually convenient meeting between the parties as soon as is practicable after the case has been referred to him/her. A number of such meetings may be necessary. Written submissions are not required from either party in the case of mediation. Mediation is Private Mediation will be conducted in private, and will be directly between the parties concerned, with the support of the Mediator, who will act as an independent facilitator. Either party may withdraw from the process at any time by notifying the Mediator in writing that they wish to do so. Mediation Settlements If the mediation process results in an agreement acceptable to both parties, the Mediator will draw up a written record of the terms of the settlement for signature by the complainant and respondent. A copy of the mediated settlement will be given to both parties and a copy will be kept in the Equality Tribunal. (Unlike Decisions following investigation, the contents of mediated settlements are not published.) Once signed, this agreement is legally binding on both parties. A mediation settlement, which has not been complied with, may be enforced through the Circuit Court. Where Mediation is Unsuccessful If, during the course of mediation, one party withdraws or the Mediator decides for any other reason that the case cannot be resolved by mediation, s/he will send a notice to that effect to both parties. If the complainant still wishes to pursue their complaint they must respond to the notice in writing within 28 days seeking a resumption of the Investigation of the complaint. 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. Printer Friendly Version Go to Top

What is Mediation?

Anyone who feels that they have been discriminated against under the Employment Equality Act 1998-2008, the Equal Status Acts 2000-2008, or the Pensions Acts 1990-2008, may lodge a complaint with The Equality Tribunal within 6 months of the occurrence of the act of discrimination.

For full details of procedures and guidelines visit either our 'Employment Equality Claims' section, or visit our 'Equal Status Claims' section.

The Mediation Option

Mediation is an alternative method of resolving complaints, seeking to arrive at a solution through an agreement between the parties, rather than through an investigation and Decision.

If, on receiving a complaint, it seems to the Tribunal that a case could be resolved by mediation rather than investigation, the Tribunal will ask the complainant and respondent to indicate in writing whether they have any objection to trying mediation.

An optional Mediation Form, which may be used to signal either consent or objection, is available for download on this page.

The Mediation Process

The Tribunal will not disclose to one side whether the other side has or has not objected. If neither party objects and the Director considers the case could be resolved by mediation, he will refer the case to an Equality Mediation Officer (Mediator).

The Mediator will arrange a mutually convenient meeting between the parties as soon as is practicable after the case has been referred to him/her. A number of such meetings may be necessary. Written submissions are not required from either party in the case of mediation.

Mediation is Private

Mediation will be conducted in private, and will be directly between the parties concerned, with the support of the Mediator, who will act as an independent facilitator. Either party may withdraw from the process at any time by notifying the Mediator in writing that they wish to do so.

Mediation Settlements

If the mediation process results in an agreement acceptable to both parties, the Mediator will draw up a written record of the terms of the settlement for signature by the complainant and respondent. A copy of the mediated settlement will be given to both parties and a copy will be kept in the Equality Tribunal. (Unlike Decisions following investigation, the contents of mediated settlements are not published.)

Once signed, this agreement is legally binding on both parties. A mediation settlement, which has not been complied with, may be enforced through the Circuit Court.

Where Mediation is Unsuccessful

If, during the course of mediation, one party withdraws or the Mediator decides for any other reason that the case cannot be resolved by mediation, s/he will send a notice to that effect to both parties.

If the complainant still wishes to pursue their complaint they must respond to the notice in writing within 28 days seeking a resumption of the Investigation of the complaint. 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.