(1) Subject to subsection (3), if at any time after a case has been referred to the Director under section 77(1) it appears to the Director that the case is one which could be resolved by mediation, the Director shall refer the case for mediation to an equality mediation officer.

(2) [deleted]

(3) If the complainant or respondent objects to a case being dealt with by way of mediation, the Director shall not exercise his or her powers under this section but shall deal with the case under section 79.

(4) Mediation shall be conducted in private.

(5) Where a case referred under section 77 is resolved by mediation -

(a) the equality mediation officer concerned shall prepare a written record of the terms of the settlement,

(b) the written record of the terms of the settlement shall be signed by the complainant and the respondent,

(c) the equality mediation officer concerned shall send a copy of the written record, as so signed, to the complainant and the respondent, and