Benefits of Mediation

Benefits you will avail of via mediation

1. Confidentiality: Mediation is entirely confidential to the parties and the outcome of your case will not be published on the RTB website.

2. Legally binding decision: Agreements that are reached following the mediation process are fully legally binding in the same way that a decision following a formal hearing is legally binding.

3. Convenience: The mediation is conducted over the phone. Case parties do not need to take a day off from work or college and can avoid any associated travel costs.

4. It’s free: There is no cost for availing of Mediation.

5. Speed: Mediation is the fastest dispute resolution method available. Parties to a mediation can reach an agreement within weeks of submitting their application as opposed to several months for a decision following a formal hearing. Parties want to get on with the business of their lives and mediation is a way of producing a quick result.

6. Non-confrontational: The Mediator will contact each party individually over the phone. Case parties do not have to meet face to face or even speak directly to each other at any stage during the mediation process.

7. Not evidence based: Case parties should only submit relevant documentation. The aim is not for parties to prove each other wrong but to focus on solutions. The Mediator is not a decision-maker, he /she will help the parties reach their own agreement.

8. Support & Guidance: Mediators are trained in working with parties to resolve tenancy disputes. The mediator acts as a neutral facilitator and supports each party through the process, explaining each step of the process whilst informing parties on their rights and responsibilities.

9. High Rate of Compliance: Parties who have reached their own agreement in mediation are more likely to comply with its terms, as it has been reached by mutual consent. The RTB statistics show that in 2018 only 3% of all enforcement requests were received following a mediation. 

10. Customised Agreements: Mediated settlements can address both legal and non-legal issues. The parties can tailor their settlement to their individual situation, which cannot happen at Adjudication.

11. Option to appeal the outcome: Following a Mediation, all parties to the case have 10 days to refer the issue to a Tenancy Tribunal if they are not satisfied with the outcome.

 

How the adjudication process works?

1. An independent adjudicator will be appointed by the RTB to enquire fully into the dispute. You will be invited to a hearing after which a report will be issued by post to everyone involved in the case setting out the adjudicators decision.

2. Decision is published on the RTB website: At the end of the adjudication process a legally binding decision will be made. The decision is set out in the Determination Order that is published, which lists the rented dwelling address, names of the case parties and terms of the decision.

3. Timeline: In 2018 it took an average of 16 weeks to receive a decision.

4. Evidence: Adjudication is an evidence-based process. Case parties must ensure they have adequately prepared and collected their evidence prior to lodging an application. The decision will be grounded on the facts and evidence before the decision maker.

5. Hearing: Adjudication hearings take place in 7 centres around the country: Dublin, Cork, Galway, Sligo, Athlone, Wexford & Limerick. Attendance is encouraged to ensure that you put forward your case accurately and effectively. Hearings are scheduled Mon-Fri, between the hours of 9am & 4pm. All case parties must attend the same hearing, evidence cannot be given to the decision maker on an individual basis.

6. Option to appeal the outcome: Following an Adjudication, all parties to the case will receive the decision by post and then have 10 working days to appeal the outcome to a Tenancy Tribunal if they are not satisfied.

7. Legally binding decisions: All decisions following an Adjudication are legally binding. The terms of each decision must be based on the specifics of the legislation and cannot be tailored to individual needs.