Mediation Bill 2017 – TABLE OF CONTENTS
Application
| 3. | (1) | This Act shall not apply to: | ||
| (a) | an arbitration within the meaning of the Arbitration Act 2010; | |||
| (b) | a dispute that falls under the functions of, or is being investigated by, the Workplace Relations Commission, including a dispute being dealt with under Part 4 of the Workplace Relations Act 2015, whether by a mediation officer appointed under section 38 of that Act or otherwise; | |||
| (c) | a matter that may be determined by— | |||
| (i) | an Appeal Commissioner appointed under section 8 of the Finance (Tax Appeals) Act 2015, | |||
| (ii) | the High Court under section 949AR of the Taxes Consolidation Act 1997, or | |||
| (iii) | a property arbitrator appointed under section 2 of the Property Values (Arbitrations and Appeals) Act 1960 in relation to a decision of the Revenue Commissioners as to the market value of any real property; | |||
| (d) | an application under section 901, 902A, 907, 907A, 908, 908B or 1077B of the Taxes Consolidation Act 1997; | |||
| (e) | proceedings under— | |||
| (i) | sections 960I, 960M, 960N, 1061, 1062 or 1077D of the Taxes Consolidation Act 1997, | |||
| (ii) | section 20 of the Customs Act 2015, or | |||
| (iii) | section 127 of the Finance Act 2001; | |||
| (f) | proceedings in the High Court by way of judicial review or of seeking leave to apply for judicial review; | |||
| (g) | proceedings against the State in respect of alleged infringements of the fundamental rights and freedoms of a person; | |||
| (h) | proceedings under the Domestic Violence Acts 1996 to 2011; | |||
| (i) | proceedings under the Child Care Acts 1991 to 2015; | |||
| (j) | subject to subsection (3), any other dispute or proceedings relating to a dispute which may be prescribed for the purposes of this subsection. | |||
| (2) | Nothing in this Act shall be construed as replacing a mediation or other dispute resolution process provided for in any— | |||
| (a) | other enactment or instrument made under any other enactment, or | |||
| (b) | contract or agreement. | |||
| (3) | In prescribing, under paragraph (j) of subsection (1), a dispute or proceedings relating to a dispute for the purposes of that subsection, the Minister shall have regard to— | |||
| (a) | the unsuitability of mediation as a means of resolving the dispute or proceedings relating to a dispute, | |||
| (b) | the availability and suitability of means, other than mediation, of resolving the dispute or proceedings relating to a dispute, and | |||
| (c) | the rights (if any) of the parties to the dispute or proceedings relating to a dispute to engage in proceedings before a court to resolve the dispute or proceedings relating to a dispute. | |||
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