Complaints procedures

FAMILY MEDIATION

Mediation First complaints procedure for MIAMs

Mediation First are members of the Family Mediators Association (the FMA). The FMA is itself a part of the Family Mediation Council (the FMC). The FMC requires that we have a complaints procedure should you be unhappy with the conduct of any of our mediators.

There are two main stages to this complaints procedure. The first stage is one where we try to resolve any complaint informally.The second stage is one where the matter is passed to the Family Mediation Standards Board (FMSB), which is a committee of the FMC.

This complaints procedure covers just the Mediation Information and Assessment Meeting (MIAM). There is a separate process for resolving any concerns or complaints relating to a mediation. Please note there is a time limit of 3 months from the date of your MIAM for any concern or complaint to be raised (in line with FMSB requirements). Please also note that, as per FMC/ FMSB guidelines, we do not have to investigate complaints that appear to be of a vexatious or purely personal nature.

The complaints procedure inevitably uses a bit of jargon and we set out below some of the main definitions to help you understand it.

“Client” A person who has used the services of the mediator in the latter’s practice as a family mediator.
“Code of Practice” The Family Mediation Council’s Code of Practice for family mediation.
“Complaint” The details of a complaint against a member as made by the Complainant to Mediation First initially or subsequently to the FMSB.
“Complainant” A person, who was a client of the Mediator, who has a complaint about the Mediator’s conduct of the mediation.
“Complaints Procedure” This document.
“Director” Persons at Mediation First with the job title director – currently, Tom Elwell, Leah Caldwell, Jill Sage and Karen Schirn.
“Family Mediation” Family Mediation (as defined by the Family Mediation Council Code of Practice) is a process in which those involved in family relationship, breakdown, change, transitions or disputes, whether or not they are a couple or other family members, appoint an impartial third person, a family mediator, to assist them to communicate better with one another and reach their own agreed and informed decisions typically relating to some, or all, of the issues relating to separation, divorce, children, finance or property by negotiation.
“FMA” The Family Mediators Association.
“FMC” ” The Family Mediation Council: the body with overarching responsibility for maintaining standards for all mediators whether they are accredited or working towards accreditation.
“FMC Standards Framework” means the FMC’s professional standards as set out in the ‘FMC Manual Professional Standards and Self Regulatory Framework’ document.
“FMSB” The Family Mediation Standards Board: a committee of FMC that is responsible to the Board of the FMC for advising the Board on the content of the FMC Standards and Self-Regulation Framework, and for its implementation.
“Mediation” The process of mediation which will only be deemed to have begun once the parties thereto have both signed an Agreement to Mediate.
“Mediation File” The file of the mediator or of the mediation service which relates to the mediation, which will include any file relating to an Information and Assessment Meeting with the complainant but not a file relating to an Information and Assessment Meeting with the other party.
“Mediation Service” The service with which the complainant’s mediation was arranged.
“Mediator” means the mediator who had conduct of the mediation.
“MIAM” ” means any face-to-face family mediation meeting for the purpose of providing information about family mediation and assessing a case for its suitability for family mediation (including a meeting by videoconferencing or by telephone) that takes place between a mediator and a potential mediation client , whether that person is making a referral pursuant to clause 10 of the Children and Families Act or not. This definition does not include, nor does the Procedure cover, telephone willingness tests or administrative calls concerning the setting up of a MIAM.
“MIAM File” means the file of the Member and/or Mediation Service which relates to the MIAM conducted with the Complainant and not any file relating to a MIAM with any other party nor to any mediation file.
“Other Party” Any party to mediation other than the complainant or mediator.
“PPC” Professional practice consultant.
“PPC Code of Practice” The Family Mediation Council’s Code of Practice for PPCs.
“Qualifying Third Party” as defined by the FMC/ FMSB as:
- A prospective client who has been directly affected by a mediator’s professional behaviour;
- A person who has been invited to participate in a mediation process, for example another professional who attends a mediation.
“Mediation First” This mediation service.
“Working Days” Any day other than a Saturday, a Sunday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

STAGE ONE – Internal informal resolution

In the first instance, we require any Complaint to be made in writing and emailed to the Mediator and to admin@mediationfirst.co.uk . At this stage the Complaint will be dealt with confidentially and will not be shared with the Other Party (see para f below regarding the position if the Complaint cannot be resolved).

On receipt of a Complaint, Mediation First will acknowledge the Complaint within 10 working days, or as soon as is reasonably practicable. We will also confirm that the Complaint will be investigated and responded to within 30 working days of the receipt of the Complaint unless further time is required. If further time is required to respond to the Complaint, the Complainant will be notified of this in writing.

A meeting will then be convened between the Mediator and one or more Directors of Mediation First. The complaint will be considered and discussed, and a decision will be made as to who, in the first instance, will be responsible for investigating and responding to the Complaint.

Following the meeting between the Mediator and the Director(s), either the Mediator or a Director will investigate and respond to the Complaint. This response will either be via email to the Complainant or via an arranged telephone call with the Complainant. This response will be within 30 working days of the Complaint unless further time is required (see para b above).

Where Mediation First is able to resolve the Complaint at this stage, the Complaint will be closed.

If the Complaint is not resolved, the Complainant/s will be advised in writing that the Mediator cannot continue with any MIAM process or Mediation (if it is still ongoing) and the Other Party, if they have attended or are scheduled to attend a MIAM, will be informed that there has been a complaint (although the Other Party will not be entitled to know any details of the complaint) and the Mediator cannot continue with the Mediation. Other options, including the case being transferred to another mediator at Mediation First, may be explored.

STAGE TWO - Referral to FMSB

If a complaint is not resolved at local level the matter may be referred to the FMSB.

The FMSB will only consider complaints that meet the following criteria:
1. the mediator complained about is an FMC Registered mediator; and
  the complainant is: i) a client, a former client, or a prospective client of the FMC Registered Mediator; ii) an FMC Registered Mediator; iii) a person that the FMSB determines has standing in accordance with its policy on third party complaints; and
2. the mediator’s complaints process (being stage one referred to above) has been exhausted within the last three months or the mediator is not responding to the complaint; and
3. the complaint alleges breach of the FMC professional standards (e.g., Code of Practice, PPC Code of Practice, FMC Standards Framework).

Further details of the FMSB’s Complaints Procedure, including how a complaint can be made, are available on the FMC’s website – here.

Mediation First complaints procedure for mediations

There are two main stages to this complaints procedure. The first stage is one where we try to resolve any complaint informally. The second stage is one where the matter is passed to the Family Mediation Standards Board (FMSB), which is a committee of the FMC.

This complaints procedure covers just the mediation and not the Mediation Information and Assessment Meeting (MIAM) that precedes it. There is a separate process for resolving any concerns or complaints relating to a MIAM. Please note there is a time limit of 3 months from the date of your last mediation session for any concern or complaint to be raised (in line with FMSB requirements). Please also note that, as per FMC/ FMSB guidelines, we do not have to investigate complaints that appear to be of a vexatious or purely personal nature.

DEFINITIONS

The complaints procedure inevitably uses a bit of jargon and we set out below some of the main definitions to help you understand it.

“Agreement to Mediate” The document, which is signed by all parties to the mediation and sets out the terms and conditions of the mediation. The document should comply with FMC requirements as contained in the FMC’s Code of Practice.
“Client” A person who has used the services of the mediator in the latter’s practice as a family mediator.
“Code of Practice” The Family Mediation Council’s Code of Practice for family mediation.
“Complaint” The details of a complaint against a member as made by the Complainant to Mediation First initially or subsequently to the FMSB.
“Complainant” A person, who was a client of the Mediator, who has a complaint about the Mediator’s conduct of the mediation.
“Complaints Procedure” This document.
“Director” Persons at Mediation First with the job title director – currently, Tom Elwell, Leah Caldwell, Jill Sage and Karen Schirn.
“Family Mediation” Family Mediation (as defined by the Family Mediation Council Code of Practice) is a process in which those involved in family relationship, breakdown, change, transitions or disputes, whether or not they are a couple or other family members, appoint an impartial third person, a family mediator, to assist them to communicate better with one another and reach their own agreed and informed decisions typically relating to some, or all, of the issues relating to separation, divorce, children, finance or property by negotiation.
“FMA” The Family Mediators Association.
“FMC” ” The Family Mediation Council: the body with overarching responsibility for maintaining standards for all mediators whether they are accredited or working towards accreditation.
“FMC Standards Framework” means the FMC’s professional standards as set out in the ‘FMC Manual Professional Standards and Self Regulatory Framework’ document.
“FMSB” The Family Mediation Standards Board: a committee of FMC that is responsible to the Board of the FMC for advising the Board on the content of the FMC Standards and Self-Regulation Framework, and for its implementation.
“Mediation” The process of mediation which will only be deemed to have begun once the parties thereto have both signed an Agreement to Mediate.
“Mediation File” The file of the mediator or of the mediation service which relates to the mediation, which will include any file relating to an Information and Assessment Meeting with the complainant but not a file relating to an Information and Assessment Meeting with the other party.
“Mediation Service” The service with which the complainant’s mediation was arranged.
“Mediator” means the mediator who had conduct of the mediation.
“MIAM” ” means any face-to-face family mediation meeting for the purpose of providing information about family mediation and assessing a case for its suitability for family mediation (including a meeting by videoconferencing or by telephone) that takes place between a mediator and a potential mediation client , whether that person is making a referral pursuant to clause 10 of the Children and Families Act or not. This definition does not include, nor does the Procedure cover, telephone willingness tests or administrative calls concerning the setting up of a MIAM.
“MIAM File” means the file of the Member and/or Mediation Service which relates to the MIAM conducted with the Complainant and not any file relating to a MIAM with any other party nor to any mediation file.
“Other Party” Any party to mediation other than the complainant or mediator.
“PPC” Professional practice consultant.
“PPC Code of Practice” The Family Mediation Council’s Code of Practice for PPCs.
“Qualifying Third Party” as defined by the FMC/ FMSB as:
- A prospective client who has been directly affected by a mediator’s professional behaviour;
- A person who has been invited to participate in a mediation process, for example another professional who attends a mediation.
“Mediation First” This mediation service.
“Working Days” Any day other than a Saturday, a Sunday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

STAGE ONE – Internal informal resolution

In the first instance, we require any Complaint to be made in writing and emailed to the Mediator and to admin@mediationfirst.co.uk . At this stage the Complaint will be dealt with confidentially and will not be shared with the Other Party (see para f below regarding the position if the Complaint cannot be resolved).

On receipt of a Complaint, Mediation First will acknowledge the Complaint within 10 working days, or as soon as is reasonably practicable. We will also confirm that the Complaint will be investigated and responded to within 30 working days of the receipt of the Complaint unless further time is required. If further time is required to respond to the Complaint, the Complainant will be notified of this in writing.

A meeting will then be convened between the Mediator and one or more Directors of Mediation First. The complaint will be considered and discussed, and a decision will be made as to who, in the first instance, will be responsible for investigating and responding to the Complaint.

Following the meeting between the Mediator and the Director(s), either the Mediator or a Director will investigate and respond to the Complaint. This response will either be via email to the Complainant or via an arranged telephone call with the Complainant. This response will be within 30 working days of the Complaint unless further time is required (see para b above).

Where Mediation First is able to resolve the Complaint at this stage, the Complaint will be closed.

If the Complaint is not resolved, the Complainant/s will be advised in writing that the Mediator cannot continue with any Mediation (if it is still ongoing) and the Other Party will be informed that there has been a complaint (although the Other Party will not be entitled to know any details of the complaint) and the Mediator cannot continue with the Mediation. Other options, including the case being transferred to another mediator at Mediation First, may be explored.

STAGE TWO - Referral to FMSB

If a complaint is not resolved by Mediation First, it can be escalated to the FMSB.

The FMSB will only consider complaints that meet the following criteria:
1. the mediator complained about is an FMC Registered mediator; and the complainant is: i) a client, a former client, or a prospective client of the FMC Registered Mediator; ii) an FMC Registered Mediator; iii) a person that the FMSB determines has standing in accordance with its policy on third party complaints; and
2. the mediator’s complaints process (being stage one referred to above) has been exhausted within the last three months or the mediator is not responding to the complaint; and
3. the complaint alleges a breach of the FMC professional standards (e.g., Code of Practice, PPC Code of Practice, FMC Standards Framework).

Further details of the FMSB’s Complaints Procedure, including how a complaint can be made, are available on the FMC’s website – here.

CIVIL/COMMERCIAL MEDIATION

Our civil mediators are members of the Civil Mediation Council. We are committed to providing a high-quality mediation service to all our clients. However, we also recognise that there may be times when things do not go as you hoped. If you feel less than satisfied with any of our Mediation work and would like to bring it to our attention, then we need you to tell us about it. This will help us to improve our standards and rectify your concerns.

If you have a complaint, please in the first instance contact via telephone or email the mediator whom the complaint may be directed at or who dealt with your case. Our experience is that this informal discussion and direct approach over the telephone or online is usually the best way to deal with any concerns/complaints.

If you remain dissatisfied after discussing the matter with the mediator who conducted your mediation, or if you prefer to lodge your complaint in writing, please write to your mediator directly with full details. We recommend that you include your name, the name of the party / parties of the mediation in question and the date of mediation that has taken place. Please set out the detail of your complaint and also, if possible, how you would like it resolved.

We will acknowledge your complaint within 5 working days and will investigate and respond to it within 20 working days. If you have not already spoken to the mediator who mediated your dispute, your mediator will always try in the first instance to resolve the complaint by way of informal discussion with you.

However, if it is not possible to resolve the complaint in this way, a mediator at Mediation First who is not the mediator that the complaint relates to will investigate your complaint and respond within 20 working days. In the unlikely event that the investigating mediator is not able to respond within that timescale, he/she will inform you and explain the revised timetable.

All conversations and documents relating to the complaint will be treated as confidential and will be disclosed only to the extent that is necessary (including anyone else we consider necessary to involve in the complaint and its investigation, including the mediator or staff member about whom you have complained). If such a complaint is made, we will assume that you are authorising those investigating the complaint to view all the papers or other correspondence relevant to the matter.

If you are dissatisfied with the response, you can appeal to the Civil Mediation Council on certain grounds. Details of the CMC's appeal processes can be found here: https://civilmediation.org/for-the-public/complaints