Article 12 MediationI1
England and Wales
This rule applies where the Secretary of State has caused a pre-inquiry meeting to be held in pursuance of rule 6.
If it appears to the Secretary of State that—
there is an absence of agreement between persons entitled to appear at the inquiry on a matter which is relevant to the inquiry;
the inquiry would be conducted more efficiently and expeditiously if agreement could be reached in relation to that matter or any disagreement in relation to it could be defined and narrowed; and
such a result is capable of being achieved by mediation,
then he may, after consulting such persons entitled to appear at the inquiry as he considers appropriate, appoint a mediator for that purpose.
Where the Secretary of State appoints a mediator he may in writing require the applicant to publish by local advertisement and within such period as he may specify a notice stating the name of the person so appointed and the matter in relation to which he is to mediate.
The mediator shall determine the procedure for the mediation.
Within 7 days from the conclusion of the mediation, the mediator shall give to the inspector a report describing the mediation procedure and its outcome and the inspector shall upon receipt of that report arrange for a copy to be sent to every person entitled to appear at the inquiry.
The inspector shall permit any person entitled to appear at the inquiry to address him on the report referred to in paragraph (5), but the mediator shall not give evidence at the inquiry.
Annotations
Commencement
- I1
Rule 12 in force at 23.8.2004, see rule 1