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Mediation Complaints Policy & Process

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Introduction

Any expression of dissatisfaction about the service you have received from us as a mediation practitioner or services provider will be considered seriously and we will ensure that we respond promptly to any complaint.

 

We are committed to providing a professional, efficient, and courteous service to all our clients. If you feel that we have failed to achieve an acceptable standard of service, we want you to tell us. We regard it as an opportunity to monitor and improve our quality of service. We will investigate your concerns objectively and try to generate a positive and speedy solution.

Steps Involved

Stage 1 – Resolve Locally

 

Please raise the issue with your mediator who will attempt to resolve the matter locally with you. Your complaint will be acknowledged in writing within three business days from the date it is raised.

 

A Stage 1 Final Response letter will be provided within seven business days of acknowledgment of the complaint.

 

Stage 2 – Manager’s Review

 

If you are not happy with the reply provided by your mediator, you can refer the matter to their manager. The name of the manager will also be found on your initial correspondence.

 

Please note that if the mediator is acting as a sole practitioner, following receipt of their formal response, you can refer the complaint to Mediator Network for Mediation matters or other Body for review under Step 3 if you are still dissatisfied with the outcome.

 

The manager will consider your complaint and carry out an investigation and will provide a proposed solution within ten business days of receipt of the referral from you. If the matter is complex and it takes longer to deal with your complaint, the manager will contact you within ten business days to give you an approximate timescale of when you can expect a full Stage 2 Final Response.  

 
Stage 3 – Refer to Compliance Officer 

 

If you remain dissatisfied with the Final Response from either the mediator or their manager after exhausting Steps 1 and 2, your complaint may be referred to our Compliance Officer by email compliance@totallyadr.com within three months of the date of the Final Response.

 

If there are any circumstances which make it difficult for you to make a complaint in writing, please call our Compliance team on 01227 913852 who will do all they can to assist you. Our Compliance Officer will ensure that your complaint about the service provided by one of our members is carefully examined and resolved as quickly as possible. 

What the Compliance team can review

The Compliance team can consider complaints against an active registered member. Their role will be to help you resolve the matter and find a solution so that you can move forward and make recommendations to assist you with this process.

 

The Compliance team can make recommendations as to outcomes. It is for the consumer and member to agree on the way forward. The possible recommendations are:

  • No further action is necessary; or

  • Refund in full or in part of the mediation fee; and/or

  • Rectification of the issue(s); and/or

  • Strike off from membership


Please note that we cannot stop a mediator from practising and any recommendation from us will not affect registration or status with any other association or body which the member is registered with.

 

For the Compliance team to review a complaint:

  • The complaints procedure must have been exhausted.

  • The referral must be submitted within 3 months of the date of the Final Response from either the mediator (Stage 1) or the mediator’s manager (Stage 2).

We will acknowledge your complaint within 7 business days from receipt by the team. We will then review and respond with any recommendations within 8 weeks of our acknowledgement. The team may be in contact with you should more information be needed to help assess the issues fully.

Starting the complaint process – what you will need to provide

To ensure that we can deal with your complaint effectively, please ensure that you provide the following in writing to your mediator:

Date of service/when the issue arose

  • Summary of the issues and chronology of events/communication

  • Information about any offers to settle or resolve the matter and why these have been rejected

  • How you would like this resolved

  • Confirmation that you are happy to consider mediation with an independent mediator as part of the overall resolution process, should this be appropriate

CMC Policy (Mediation Only)

If the response to your complaint is not accepted you can appeal to the CMC on certain grounds. Details of the CMC's appeal processes can be found here: https://civilmediation.org/for-the-public/complaints/  


You can send your complaint into us via email or by letter to our registered office address.