Complaints procedures

FAMILY MEDIATION

Mediation First complaints procedure for MIAMs

We at 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 and also that we let you know about this complaints procedure immediately after you have made your first contact with us.

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 process covers just the Mediation Information and Assessment Meeting. There is a separate complaints process that applies where a complaint is in respect of a mediation. Please note that, in attending the MIAM, you will be consenting to the release of the MIAM File to the FMSB in the event that you make a complaint about the MIAM. Please also note there is a time limit of 3 months from your MIAM meeting (should you not go on to mediate) for any concern or complaint to be raised. 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.

If the above process does not bring you the outcome you wish, there is of course nothing to prevent you seeking your desired outcome through the normal court process.

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 Handler” is the person responsible for dealing with complaints within Mediation First. It is currently Leah Caldwell who is a Director of Mediation First. If the complaint is against Leah Caldwell then Tom Elwell, who is also a Director, will be the Complaints Handler in that scenario.
“Complaints Procedure” This document.
“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.
“Line Manager” the Mediator’s supervisor within Mediation First.
“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. Some work in relation to MIAM may be carried out by administrative staff.
“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.
“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

A complaint can in the first instance be made verbally or in writing. However, if it’s not possible to resolve as set out in c) below, the complainant is required to put their complaint in writing. The complaint will be dealt with in the first instance by the Mediator.

On receipt of a complaint, Mediation First should respond by acknowledging the complaint within 10 working days, or as soon as is reasonably practicable, together with an explanation as to when the complainant/s will next be contacted.

The Mediator will, with or without the assistance of their Line Manager, have 30 working days from the date of the complaint to attempt to resolve the complaint informally. This response would usually be made by telephone to see if the matter can be resolved informally but a note of the conversation must in any event be recorded in writing and kept on the Mediation File. Further time may be required to respond to your complaint and, if so, we will notify you of this in writing.

Where the Mediator, with or without the assistance of the Line Manager, is able to resolve the complaint at this stage, the complaint will be closed. However, if that cannot be done, the further stages in the Complaints Procedure (as set out below) will be followed.

Where a complaint cannot be dealt with as at c) above and where the complaint has to this point been only verbal, the complainant will be required to put the complaint in writing.

The Complaints Handler then has a further 15 working days either from the Mediator’s/Line Manager’s final attempt to resolve the issue or from receipt of the complaint in writing (whichever is the later) within which to make a final attempt to resolve the Complaint informally in whatever way seems appropriate to him or her. If both parties to the complaint wish to proceed, mediation of the complaint can be facilitated. Where the Complaints Handler is able to resolve the complaint at this stage, the complaint will be closed.

If the complaint is not resolved in the timescale in f) above, the Complaints Handler will advise the complainant/s in writing that the complaint will, within 5 working days, become formal and that, when it does, 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. The Mediator must, if not already done so, respond to the complainant in writing with a full response to the complainant’s complaint.

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

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 end of your last mediation session for any concern or complaint to be raised. 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.

If the above process does not bring you the outcome you wish, there is of course nothing to prevent you seeking your desired outcome through the normal court process

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 Handler” is the person responsible for dealing with complaints within Mediation First. It is currently John Loram who is also a director. If the complaint is against one of the mediators for whom John Loram is Line Manager or against John Loram, then Vicki Lewis or Leah Caldwell will be the Complaints Handler in that scenario.
“Complaints Procedure” This document.
“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.
“Line Manager” the Mediator’s supervisor within Mediation First.
“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. Some work in relation to MIAM may be carried out by administrative staff.
“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.
“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

A complaint can in the first instance be made verbally or in writing. However, if it’s not possible to resolve as set out in c) below, the complainant is required to put their complaint in writing. The complaint will be dealt with in the first instance by the Mediator.

On receipt of a complaint, Mediation First should respond by acknowledging the complaint within 10 working days, or as soon as is reasonably practicable, together with an explanation as to when the complainant/s will next be contacted.

The Mediator will, with or without the assistance of their Line Manager, have 30 working days from the date of the complaint to attempt to resolve the complaint informally. This response would usually be made by telephone to see if the matter can be resolved informally but a note of the conversation must in any event be recorded in writing and kept on the Mediation File. Further time may be required to respond to your complaint and, if so, we will notify you of this in writing.

Where the Mediator, with or without the assistance of the Line Manager, is able to resolve the complaint at this stage, the complaint will be closed. However, if that cannot be done, the further stages in the Complaints Procedure (as set out below) will be followed.

Where a complaint cannot be dealt with as at c) above and where the complaint has to this point been only verbal, the complainant will be required to put the complaint in writing.

The Complaints Handler then has a further 15 working days either from the Mediator’s/Line Manager’s final attempt to resolve the issue or from receipt of the complaint in writing (whichever is the later) within which to make a final attempt to resolve the Complaint informally in whatever way seems appropriate to him or her. If both parties to the complaint wish to proceed, mediation of the complaint can be facilitated. Where the Complaints Handler is able to resolve the complaint at this stage, the complaint will be closed.

If the complaint is not resolved in the timescale in f) above, the Complaints Handler will advise the complainant/s in writing that the complaint will, within 5 working days, become formal and that, when it does, 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. The Mediator must, if not already done so, respond to the complainant in writing with a full response to the complainant’s complaint.

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.

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