Disputes under new equality legislation may now be resolved by mediation, under a service launched by the Director of Equality Investigations yesterday.
This is an alternative to the investigation and decision mechanism for resolving claims of discrimination, which has been in operation since the office was set up under the Employment Equality Act of 1998.
The kinds of discrimination covered include discrimination in employment and, under last year's Equal Status Act, discrimination in the provision of services.
Launching the service, the Minister for Justice, Equality and Law Reform said: "Mediation is being considered as a viable dispute resolution model in many spheres of Irish life."
Mr O'Donoghue added: "Mediation means that parties can seek to arrive at a solution through mutual agreement rather than through a formal investigation. Agreed settlements tend to be more comprehensive than imposed ones and they also tend to be more sustainable."
The Director of Equality Investigations, Ms Melanie Pine, can, when a complaint is made, ask the complainant and the respondent to indicate whether they would consider using mediation. If they agree, the case will be referred to a trained equality mediation officer. When the case is treated as an investigation it is referred to an equality officer.
Either party can withdraw from the mediation process at any time until a settlement is reached. If it cannot be resolved, the equality mediation officer will issue a notice saying so, and it goes to investigation.
When a mediated settlement is reached and signed by both parties it is legally binding and can be enforced through the Circuit Court.