Section 88 — Residential Tenancies Act 1986: Functions of Tenancy Mediators

88 Functions of Tenancy Mediators (1) The primary function of a Tenancy Mediator in respect of an application referred to the Tenancy Mediator under section 87 of this Act is to attempt to bring the parties to the dispute to an agreed settlement. (2) Where an agreed settlement is reached, the Tenancy Mediator may, to give effect to the settlement, make any order or orders that the Tribunal could have made if the application had come before it. (3) If it appears to the Tenancy Mediator that it is unlikely that an agreed settlement can be reached within a reasonable time, the Tenancy Mediator— (a) Shall report accordingly to the Tenancy Officer who shall refer the application to the Registrar for determination by the Tribunal; and (b) Shall, wherever practicable, after consultation with the Tenancy Officer and the Registrar, inform the parties of the date on which the Tribunal is likely to be able to hear the matter. (4) In any case to which subsection (3)(a) of this section applies, the Tenancy Mediator may include in his or her report to the Tenancy Officer any statement of facts agreed to by the parties, a summary of the points settled in mediation and those still requiring determination by the Tribunal, and any comments that the Tenancy Mediator may wish to make on the conduct of the parties so far as that may be relevant to the question of costs before the Tribunal in accordance with section 102(2)(c) of this Act, but shall in all respects strictly observe the provisions of sections 89 and 90 of this Act. (5) Where a Tenancy Mediator makes any order to give effect to an agreed settlement, any party may file in the appropriate office of the Tribunal a copy of the order with a request that it be sealed, and, except in a case to which subsection (6) of this section applies, a Tenancy Adjudicator shall seal the copy of the order accordingly. (6) Where that Tenancy Adjudicator believes that the order made by the Tenancy Mediator is outside the powers of the Tenancy Mediator to make, the Tenancy Adjudicator shall, instead of sealing the copy of the order,— (a) Decline to seal the order, and refer the matter back to the Tenancy Mediator with such directions as the Tenancy Adjudicator may think fit; or (b) Direct that the matter be reconsidered and determined by the Tribunal. (7) Where any copy of an order made by a Tenancy Mediator is sealed under this section, it shall have effect as an order of the Tribunal, and shall be enforceable accordingly.