Dispute Procedure
Initial Steps by Board
When a dispute is referred to the Board, it may communicate with the parties to ensure they are fully aware of the issues involved. It may clarify misunderstandings in relation to the matters concerned and the rights of the parties with a view to having the matters resolved, by agreement without recourse to the procedures under the legislation.
It may contain communications which will be of assistance to the parties including indications based on appropriate assumptions stated of the typical outcomes of issues concerned in determinations of the relevant kind.
Communications must be made to both parties.
Mediation
In normal course, the Board will request each party whether they consent to the dispute being subject to mediation. If they do, it is referred to a mediator appointed from a panel. If either party does not agree, it is referred to an adjudicator from a panel of adjudicators.
If the Board has at the behest of one of the parties made the application for relief to the Circuit Court, it need not refer the dispute to mediation but may instead refer it directly to an adjudicator or the Tribunal. More generally, it may refer directly if it considers it would be more appropriate to do so in the circumstances.
Where there is a reference to mediation, the mediator is to inquire into every aspect of the dispute concerned and and receive from each party, such information as is appropriate. He is to make suggestions to each party and take other actions that he considers appropriate to enable the dispute to be resolved.
Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than 10 days from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it.
Post Mediation Report
After termination of mediation, the mediator presents a report to the Board including statements of the relevant facts agreed, particulars in relation to the conduct of the mediation anda summary of other matters agreed whether or not they govern whole or part to resolving the dispute which is to be signed by each of the parties and acknowledged.
The report includes is to include summary of the conduct of the mediation and a list of documents submitted.
Where the report furnished to the states that there is agreement between the parties and that the agreement resolves the dispute, a period of 10 days has elapsed from the date of the completion of the mediation, and during that period of 10 days no party to the agreement has made a notification to the mediator and the Board, the Director or a member of his staff shall prepare a determination order in respect of the dispute.
Where one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and the report states that —
- there is no agreement between the parties that has resolved the dispute,
- the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or
- there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board
the Board shall refer the dispute to the Tribunal.
Board response to Report
Where—
- the report furnished to the Board under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute,
- a period of 10 days has elapsed from the date of the completion of the mediation, and
- during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board,
the Board shall prepare a determination order under section 121 in respect of the dispute.
Where one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and the report furnished to the Board states that—
- there is no agreement between the parties that has resolved the dispute,
- the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or
- there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board cancelling the agreement
the Board shall refer the dispute to the Tribunal.
Adjudication
The Board may refer the matter to adjudication. In this event, it is considered by an adjudicator from a panel. He is to inquire fully into the relevant aspects of the dispute and be provided by each party with such information as is appropriate.The adjudicators may require the parties to furnish relevant documents and information.
It may allow a party to be represented. The adjudicator determines the dispute by a decision or embodies it in an agreement reached by the parties as its decision.
The adjudicator may if he considers it would of practical benefit, assist the parties with a view to reaching a decision in the resolution of the matter. This may include stating of provisional conclusion he has reached on issue. The adjudicator must not express a provisional conclusion in relation to disputes of fact, unless they expressly request it nor until all documents and oral submissions have been considered.
If the parties have reached their own agreement which is to be adopted by the adjudicator, a 10 day period must be allowed in which the parties may reconsider their decision. If the decision still stands, it cannot be appealed and becomes binding. Within the period of 10 days, either party may renounce the agreement.
Once the determination is made, the adjudicator submits a report to the Board setting out a statement of agreed facts, a summary of the matters agreed whether or not they go in whole or part in resolving the dispute, the terms of the adjudicator’s determination and reasons for it and a summary of the conduct of the adjudication.
A copy of the report by the adjudicator is served on each party. The determination becomes final, unless an appeal is made to the Tenancy Tribunal within 21 days.
Tenancy Tribunal
A dispute may be referred to the Tenancy Tribunal, where the Board has formed the view that it is not appropriate matter for mediation or adjudication, mediation has failed to resolve the issues or an appeal is made against a decision of the adjudicator.
The time for a party to appeal to the Tribunal against a determination of an adjudicator is 10 days.
The Tenancy Tribunal has three members, unless it is a matter that may be decided by a one member Tribunal. Where there are three members, it acts by majority.
Regulations may provide for the type of case that may be heard by a single member Tribunal. Where a 1 member Tribunal considers that the matter would be more appropriately heard by a three member Tribunal, the matter may be adjourned and the Board may refer to the dispute to a three member Tribunal.
Where 2 or more matters are the subject of one dispute and one of those matters is not prescribed for the purpose of being heard by a 1 member Tribunal, that the dispute shall be referred to a 3 person Tribunal.
Tribunal Procedure
Tribunal gives notice to the parties at the time of hearing and outlines the matters to be dealt with and the procedures to apply. Each party may be represented and may call witnesses. The Tribunal may have regard to the adjudicator’s report. Evidence is on oath.
The Tribunal has powers to compel the attendance of witnesses. They may be cross-examined. Witnesses have the same immunities and privileges as a witness before the superior courts. Orders in relation to witness expenses may be made.
A person who is compelled to attend as a witness, to whom witness expense have been tendered may be treated as if he is guilty of contempt of court if he fails to attend when summonsed or refuses or fails to take the oath, produce documents etc.