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RTB Telephone Mediation

What is Mediation? 

Mediation is a prioritised service provided by the RTB which has proven to be a speedy, flexible and a highly successful way to solve tenancy problems.  

Mediation is a voluntary process which allows parties to discuss their case thoroughly with our independent and trained Mediators, who can facilitate a resolution using their expert knowledge of the RTB and rental legislation. 

They can also explain the rights and obligations of parties and the procedures to follow around tenancies.  

Mediation is carried out via telephone, so the parties do not need to talk directly to each other. The Mediator through a series of separate phone calls, will listen to both parties to gain a full understanding of the issue(s) at hand and help both parties find a mutually acceptable solution to resolve the matters in dispute.  

Another RTB dispute resolution service available to the rental sector is adjudication. Adjudication is based on the evidence, and the law decides how a dispute should be resolved. Adjudication is more costly (at a cost of €30) and more time consuming than mediation. An independent Adjudicator reviews all the evidence submitted, both in by paper and orally, at the hearing and makes their decision based on this.  

 

Success of mediation 

In Ireland, the RTB was the first body to use telephone mediation as a form of dispute resolution.  It has since delivered many successful dispute outcomes for parties.  

In 2021, 80% of the disputes that entered mediation were successfully resolved. Parties report higher satisfaction ratings with their dispute outcomes following mediation.  

There is also a higher compliance rate with outcomes when agreed through mediation compared to our other dispute resolution options. 

In 2021, 85% of requests for enforcement were from 1.5% from mediation cases compared to 85% from adjudication determinations.

The RTB mediation service has already delivered proven results when parties engage in the process. These include increased customer satisfaction, faster resolution, enhanced tenancy sustainment and greater support in the early resolution of rent arrears cases.  

A user-friendly online dispute application form is now available, where parties can easily choose to have their case resolved via mediation.  

 

Q&A

To apply for free mediation, you  can fill in an online application form which can be found here or alternatively, you can complete an application form and email it to disputes@rtb.ie or post it into the RTB at PO Box 47, Clonakilty, Cork. 

If there are multiple applicants on your application, please nominate one person to be the point of contact for the mediator to contact on the day of your mediation. 

The mediation hearings take place from Monday to Friday at 10am, 11:30am and 14:15pm. If you have certain days/times that you are unavailable, please notify the RTB immediately and we will try our best to accommodate you.

If your personal details change, please inform the RTB immediately via phone on 0818 30 30 37 or 017028100. or email at disputes@rtb.ie.  

Mediation is not an evidence-based process. Case parties should solely submit a ‘Position Statement’ and any supporting documentation that are  relevant to the case to outline the issues that are important to you. Any documentation submitted is not circulated to the other party prior to the telephone mediation hearing date. You should ensure that any personal data and confidential information is blacked out/redacted. 

The RTB encourages all parties to a mediation to fill out and return the ‘Mediation Position Statement’ which you will receive before your mediation hearing. This document will never be shown to the other party. By filling out this document, the mediator can understand what is important to you and can use the time allocated to focus on a mutually acceptable solution., You can find this form here. 

On the day of your mediation hearing, both parties are contacted individually by telephone and, through a series of calls over a period of no more than 1.5 hours, the mediator facilitates the parties in coming to an agreed resolution. You will not have to speak with the other party to the dispute. The time and date for your telephone mediation will be issued by post and/or email. 

The Mediator will always contact the Applicants point of contact, before contacting the Respondent or their point of contact. NB: This could take up to 30 minutes before the Mediator is in a position to contact the Respondent. 

The RTB will proceed to make a Determination Order containing the agreed terms. If no agreement was reached and no referral to Tribunal is made, then the case is considered closed.  

If either party to the mediation are not satisfied with the outcome, whether it be an agreement or no agreement, they may request in writing to make a referral to a Tenancy Tribunal.  

An appeal application form must be submitted within 10 days following the date the Mediator closes the Mediation.  You can find the application here. Please be aware that we cannot accept applications received outside this timeframe, if your application is received late, it will be rejected. More information on Tribunals can be found here. 

Please click directly on the link below for further information in relation to the mediation procedure

https://www.rtb.ie/images/uploads/old/general/Mediation_Procedures_02.24.pdf