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

Amendment No. 77 proposes that an adjudication would be halted and referred back to the mediation, with the consent of both parties. To refer the dispute formally back to mediation would add time and cost to the entire process. It would possibly be twice as expensive to the State, given that there would be the cost of the first mediation, the first adjudication, the cost of mediation where the case is referred back and the cost of a second adjudication if mediation is not successful. We have provided that both parties have the option of engaging in mediation before adjudication. They have the opportunity to reach an agreement and withdraw the case before it goes to adjudication. Both parties have the option of reaching an agreement and withdrawing the case during the adjudication hearing. In practice, an adjudicator would adjourn for a short period to facilitate this. Creating this new loop the Senator is suggesting, of going right back to mediation, would add cost. The flexibility is already in the adjudication process to allow some informal discussions to seek an outcome where they have decided that is possible.