Oireachtas Joint and Select Committees

Wednesday, 28 June 2017

Select Committee on Justice and Equality

Mediation Bill 2017: Committee Stage

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

One of the main issues is whether there should be a code of practice or a variety of codes of practice. My preference would be for the former. If we start going down the road of mediators having a series of codes of practice, we would end up like boxing associations with different organisations having different codes of practice and people being able to say that they are regulated by the Malahide mediators business or the Rathmines mediators association.

The preference should be to have one code of practice. The Minister said that there is an advantage to having more than one code because, for instance, he may want to develop a code of practice for mediations that involve children. I do not see why we cannot have just one code of practice and, within that, we would have a section that would deal with mediations that involve children. Section 9 refers to there being a code of practice. As Deputies, we have a code of conduct. We do not have a different code of conduct for different parties or anything like that. I believe we should be seeking to harmonise this in one code of practice for mediators.

With regard to the other amendments about education and training, as I said, we intend to table an amendment to section 9 on Report Stage in respect of the requirement that mediators should have to have a minimum standard of education or training. I believe that should be put in the Bill. Otherwise, it will just be open season. It is not like any other profession in which one has to achieve certain qualifications in order to become qualified to practise. As Deputy Daly said, under the Bill as it stands anyone can just call themselves a mediator and off they go. We need to be able to protect them.

In terms of the code of practice, in court there are the rules of court. If we want to make mediation a success, which we all want to do, we should have just one code of practice for mediators. It should be there and everyone should know what is in it so that there is no ambiguity.

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