111Mediation is pre-condition to Tribunal proceeding

111 Mediation is pre-condition to Tribunal proceeding (1) The Tribunal must not conduct a proceeding in relation to a complaint referred to the Tribunal under section 112A(4) unless there has been an attempt to resolve the matter complained of by mediation and the attempt has been unsuccessful. (1A) Subsection (1) does not apply to a complaint that is the subject of an application under section 112A(1)(b). (2) A mediation may be conducted by: (a) the Commissioner if the Commissioner considers that by doing so the matter is more likely to be resolved by mediation; or (b) if paragraph (a) does not apply: (i) a person agreed to by the complainant and the respondent; or (ii) if they cannot agree – a person appointed by the Commissioner. Information Act 2002 71 (3) The Commissioner may give directions in relation to the conduct of a mediation. (4) At the conclusion of a mediation, the mediator must issue to the complainant and to the respondent a certificate in a form approved by the Commissioner: (a) stating that mediation has taken place; and (b) setting out any records provided to the mediator by the parties; and (c) setting out any recommendations of the mediator; and (d) setting out the outcome of the mediation. (5) Anything said, recorded or done in the course of mediation under this section (including a certificate under subsection (4)) is not admissible in any proceedings whatsoever.