Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the point raised by Deputy Madigan in respect of the amendment to section 8. However, section 8(1)(c) provides that the mediator shall "furnish to the parties a copy of any code of practice to which he or she subscribes in so far as mediation is concerned". It goes without saying that the mediator should abide by such terms. Otherwise the parties would have a good ground for grievance or a complaint as soon as matters had commenced. Section 9(2)(f) already provides for a code of conduct to include "procedures to be followed by a party for redress in the event of dissatisfaction with the conduct of a mediation". This would seem to me to mean that any departure from the terms of a code of practice by the mediator would form the basis of a grievance or complaint. Therefore, I am not inclined to accept amendment No. 11 for these reasons, although I acknowledge the point raised by Deputy Madigan.

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