13GAlternative dispute resolution of complaints

13G Alternative dispute resolution of complaints (1) The Ombudsman or a member of Ombudsman staff authorised to do so by the Ombudsman may, at any time, as part of an enquiry or an investigation of a complaint under section 15B, attempt to resolve the complaint by alternative dispute resolution in accordance with this Part. (2) The Ombudsman may authorise a conciliator or a mediator to mediate or conciliate the complaint under this Part. (3) Alternative dispute resolution must be conducted in private and in a manner that the Ombudsman thinks fit. (4) Participation by a party in alternative dispute resolution is voluntary and any party may withdraw from the alternative dispute resolution at any time. (5) A person who is under the age of 16 years but of or over the age of 10 years and accompanied by a parent or guardian or independent person may voluntarily participate in alternative dispute resolution. (6) The powers of the Ombudsman under Division 3 of Part IV do not apply to alternative dispute resolution conducted under this Part. (7) The Ombudsman or a member of Ombudsman staff may terminate alternative dispute resolution at any time. (8) The principal officer of an authority is not required to assist the Ombudsman or a member of Ombudsman staff during alternative dispute resolution however the principal officer may voluntarily participate in the alternative dispute resolution. (9) Any information provided or anything done by a party during alternative dispute resolution under this Part is not admissible in evidence in any proceeding before a court or tribunal where the proceeding relates to the subject matter of the complaint. (10) For the purposes of this section, an ***independent person*** is— (a) a person nominated by, or who is acceptable to, the person referred to in subsection (5); or (b) if no person has been nominated by, or is acceptable to, the person referred to in subsection (5), a person chosen by the Ombudsman who— (i) is not involved in the subject matter of the enquiry or investigation; and (ii) where practicable, is— (A) involved in the care or supervision of the person referred to in subsection (5); and (B) of the same gender as the person referred to in subsection (5) or, if the person identifies as being of a particular gender, of that gender. S. 13H inserted by No. 2/2019 s. 153.