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RIAI Mediation Rules
Under the provisions of the Building Control Act 2007 (the “Act”) the Professional Conduct Committee (the “PCC”) is established to consider complaints concerning professional misconduct or poor professional performance by a Registered Architect. One of the powers given to the PCC under the Act is that it may request parties to resolve any complaints by way of mediation. Mediation is a process whereby an independent neutral Mediator assists the parties in resolving their differences without the need to have an investigation or a full hearing into the matter. Mediation can resolve issues more quickly than the formal complaints process, can allow an ongoing project to move forward and may help the parties to resume an effective working relationship.
Mediation Process
- The PCC, after receiving a complaint against a member, may, where the Chairperson of the PCC considers it appropriate to do so, request the parties to resolve the complaint by mediation in accordance with section 57 (3) and (4) of the Building Control Act 2007. Such a request will be in the format of form (iv) of Schedule A to these rules.
- If either party does not consent to the mediation process then it cannot proceed.
- If both parties do consent to such mediation, then the Royal Institute of the Architects of Ireland (the “RIAI”) will appoint a Mediator. In all mediations the EU Code of Conduct for Mediators will be applicable, or such other prevailing codes as the RIAI may deem appropriate. Firstly, the Mediator will hold one-on-one meetings separately with each party to explain the process, get an overview of the situation and ascertain the ability and willingness of each party to engage in the mediated intervention. Third parties such as advisors or representatives are welcome but not required at mediation. Third party costs must be borne solely by the parties engaging them however, the costs of the mediator will be borne by the RIAI.
- The Mediator will ask each party to submit a concise summary of the case to him or her within 4 weeks or such other time limit as the Mediator considers necessary. If either of the parties fails to respond within this time frame the Mediator may determine the mediation process or extend the time for the submission at his or her absolute discretion. If the summary is not submitted by this extended date the Mediator will declare the mediation procedure to be abandoned and the PCC will set up an Investigation Committee to review the complaint as provided for in the rules of the PCC. This request for submissions will be in the format as set out in form (iv) of Schedule A to these rules.
- The Mediator may, having considered the submissions, hold separate or joint meetings with the parties to discuss the matter and to give the parties the opportunity to make their views known and to respond to the submissions of the other party.
- When the Mediator is satisfied that the matter has been investigated as fully as possible in the circumstances he will endeavour to commit the parties to reach a mutual settlement. If a settlement is reached the Mediator will draft an agreement detailing the terms of the settlement, which the parties will sign. This agreement is then binding on the parties. The Mediator in due course will report to the PCC that the mediation process has concluded and whether it has been successful or otherwise. If the parties were unable to reach a mutual settlement then the matter will be referred back to the PCC. A notification to that effect will be sent by the Mediator to all parties involved. This notification shall be in the format of form (v) of Schedule A to these rules.
- All statements, information and material, made, given or exchanged orally or in writing either during the Mediation or prior thereto or thereafter upon the request of the Mediator shall be retained confidentially by the Mediator and shall not be admissible in any other proceedings, in court or arbitration, or by the PCC or Appeals Board.