Financial Services and Pensions Ombudsman Act 2017
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Mediation | ||
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58. (1) The Ombudsman shall, as part of an investigation, try, as far as possible, to resolve a complaint by mediation. | ||
(2) The Ombudsman shall engage with complainants and providers to ensure that the objective of mediation is understood to promote engagement in the mediation process. | ||
(3) Participation in mediation by the parties to a complaint is voluntary, and a party may withdraw at any time. | ||
(4) The Ombudsman may, on reasonable grounds, abandon an attempt to resolve a complaint by mediation as he or she considers appropriate. | ||
(5) Evidence of anything said or admitted during a mediation, or an attempted mediation, of a complaint, and any document prepared for the purposes of the mediation, are not admissible— | ||
(a) in any subsequent investigation, under this Part, of the complaint (unless the person who made the admission, or to whom the document relates, consents to its admission), or | ||
(b) in any proceedings before a court or a tribunal in the State. | ||
(6) Where an attempt to resolve a complaint by mediation is unsuccessful, the Ombudsman shall— | ||
(a) deal with the complaint in accordance with section 56 , and | ||
(b) notify the parties in writing accordingly. |