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

I think it goes somewhat further than that. This amendment seeks to introduce a new subsection to section 39, which would provide that a case resolution officer could direct either or both parties in the dispute or complaint that is the subject of mediation to produce documentation and evidence to the other party upon which that party intends to rely in respect of their respective cases. As I stated earlier, mediation is a voluntary process from which either party can withdraw at any stage in favour of pursuing the adjudication option. Giving a case resolution officer the power to direct the parties to produce information would undermine the voluntary nature of the mediation process. The Senator's proposal to include a new section 39(9) is inappropriate, as what is proposed confuses the case resolution and adjudication function. The point being made is that in adjudication, it is clear that there should be production of documentation that people can see and so on but where one is mediating between the two sides, using mediation as a form of discovery would not be appropriate. It is not the environment in which mediation is being considered. It is where two sides are seeking to find a resolution without going to the ultimate adjudication. The view is that this provision would not be helpful to a successful implementation of mediation.