Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The purpose of mediation is to try to find a resolution without having to go to adjudication. It is set up in a way that the confidentiality of both parties is protected and whatever is said at mediation cannot be used at an adjudication. It is a protected arena in which people come together and try to find a solution without, if one likes, the fear that any documentation they produce can then be subsequently used in adjudication. That is what it is. It is to try to find a solution without going down the other route, and it is protected.

I think what the Deputies are trying to do is to provide that an officer would direct either party in a dispute which is the subject of mediation to produce documentation and evidence to the other party, which the party intends to rely upon in regard to the respective cases. It is actually defeating the mode of operation of the mediation approach and that is why I am not disposed to accept it. If it does go to adjudication, the power of subpoena for such documentation is open at that stage to the adjudication process. These are two different processes. I think what the Deputies are trying to do is put something from one into the other, which would defeat the purpose.

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