Mediation Act 2017
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Scope | ||
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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. |