Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I move amendment No. 9:

In page 46, lines 10 and 11, to delete all words from and including “(1) The” in line 10 down to and including line 11 and substitute the following:“(1) The Ombudsman shall, as part of an investigation, try, as far as possible, to resolve a complaint by mediation.”.

Deputy Doherty and I have submitted similar amendments on the topic of mediation. The merits of mediation as a form of dispute resolution have been discussed numerous times during the passage of this Bill and Deputy Doherty's Bill through the Houses.

Mediation is a process whereby the parties to the complaint try to reach a solution through agreement with the assistance and support of a mediator rather than through an immediate investigation of the complaint and a decision from the ombudsman on the complaint.

If it works well, it should be a less onerous, faster and more amicable means of reaching an outcome for both parties. Not long ago, the cases that were resolved by mediation in the Financial Services Ombudsman Bureau were at a level below 1%. Following a strategic review and re-organisation of the office, I understand that the number of cases resolved via mediation is now close to 60%. I am keen to encourage such improvements in the levels of mediation. For this reason, and for the avoidance of any doubt about the support for mediation as a conflict resolution tool, I am reverting to the original text on mediation in the existing legislation, which obliges the ombudsman to try to resolve a complaint by mediation as far as possible. The previous text in the Government Bill, as passed by Committee, stated that the ombudsman "may" try to resolve a complaint by mediation in circumstances where he deems it appropriate. I prefer the drafting of my amendment as it fits neatly with the other provisions.

Section 12 refers to possible resolution of complaints by informal means, which may happen immediately on receipt of a complaint. Therefore, I prefer the wording in amendment No. 9 rather than the wording in Deputy Doherty's amendment No. 10.

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