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

It should be a written report and the wording of section 17 implies it would be a written report, so I do not see any harm in stating it will be a written report. Otherwise, one will not get the detail that is set out in the rest of section 17(1).

A further point concerns section 17(1)(b)(iv), which states: "if no mediation settlement has been reached, a statement as to whether, in the mediator’s opinion, the parties engaged fully in the mediation" will be made. I believe that will change the character of the mediation and it also changes the character of the mediator. If that is put in place, the mediator will become an individual who can punish one or other of the parties to a mediation, which I believe undermines the voluntary nature of mediation. One will find situations where mediators in a report to the courts say one side did not fully engage, and as a result there could be costs consequences against that side in court. There may also be consequences for the mediator in that the parties may say this was unfair and that they did fully engage, and there may be a dispute in which a mediator is sued. This makes it difficult and makes it potentially adversarial, which is what we do not want in mediation. This needs to be looked at again by the Minister.