Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 12:

In page 10, lines 14 and 15, to delete “a copy of any code of practice to which he or she subscribes in so far as mediation is concerned” and substitute the following:“a copy of the Code of Practice to which he or she subscribes in so far as the mediation is concerned. The subscribed Code of Practice shall incorporate, in full, the terms of the Code of Practice published by the Minister under section 9of this Act. The mediator may incorporate additional terms; however, any such terms shall not conflict with the terms of the Code of Practice as published under section 9”.

The amendment is recommended by the Mediators Institute of Ireland. It would argue that the Bill, as it is, fails to deal with the regulation of mediators. Without regulation, anyone can claim to be a mediator, and the mediators to whom the courts refer people should be regulated. The change will help give people a qualified mediator who subscribes to a specific, not just any, code of practice. As the Bill stands, the mediator could subscribe to any code of practice he or she devises. Without such an amendment, there would be no standardisation and the code of practice would be non-binding on mediators. The Mediators Institute of Ireland and the Law Society have expressed concerns about this.