WHAT IS OUR COMPLAINTS POLICY?

We aim to offer a mediation service that meets our clients’ needs and that clients can value. However, we also recognise exceptionally that the service experienced by our clients may fall short of their expectations and lead to the making of a complaint.  We welcome comments, compliments and complaints to enable us to continue what we are doing well, and to learn from something that may have fallen short of the valuable service our clients expect from us.

Who can make a complaint?

You may make a complaint if:

• you are a client or former client of the mediator concerned;
• you are a prospective client who has been directly affected by a mediator’s professional behaviour;
• you are a person who has been invited to participate in a mediation process, for example another professional who attends a mediation.

For the avoidance of doubt, it is common for a mediator to contact you as a potential mediation participant after seeing your ex partner/your child’s other parent. Complaints about a mediator making contact with you in this way do not need to be investigated by mediators and will not be accepted by the FMSB.

Likewise, mediators may sign court forms to say one person has attended a Mediation Information and Assessment Meeting (MIAM) without notifying you as potential second participant to the mediation or inviting you to attend a MIAM yourself. Complaints about a mediator not making contact with a potential participant do not therefore need to be investigated by mediators and will not be accepted by the FMSB.

Please note that neither mediators nor the FMSB will be able to disclose any information to you that is confidential between the mediator and the mediation participant(s). It is therefore normal that if you are not a client or former client of the mediator, you will only receive a limited amount of information in response to your complaint, even in circumstances where it is considered by the FMSB.

Under what circumstances might a complaint not be considered?

Complaints that appear to be vexatious or of a purely personal nature do not have to be investigated by mediators and will not be considered by the FMSB.

Complaints can be considered vexatious when:

• the purpose appears to be to intimidate, disturb, disrupt and/or unduly or unfairly pressurise the mediator or the FMSB;
• they are persistent/repetitive, and repeating the same or substantially similar complaints which have already been investigated;
• they are clearly unfounded and unsupported by evidence;
• they are irrelevant and relate to matters other than mediation;
• abusive or offensive language is used.

Complaints are of a purely personal nature if they are discriminatory or focus on the personal attributes or circumstances of a mediator rather than their actions as a mediator.

Timescales

A complaint that relates to a breach in the Family Mediation Council’s Code of Practice must be made to us in writing within three months of when the grounds of complaint arose.  For the avoidance of doubt, complaints that relate to the way mediation was conducted as a whole must be made within three months of the date of the last mediation session. The complaint should be addressed to us and acknowledgement of the complaint will be made by email within 10 working days of receipt.

The complaint will be investigated and, if appropriate, you will receive an invitation to a further mediation meeting to discuss any issues within 20 working days of acknowledgement of the complaint.  In exceptional circumstances, further time may be required, in which case the complainant will be notified in writing.

If a further mediation meeting takes place, we will write to you with the outcome of that meeting within 10 working days of that meeting taking place.

If, for any reason, a further mediation meeting isn’t possible, after investigating your complaint, we will write to you with the outcome within 20 working days of acknowledging your complaint.

If you are dissatisfied with our response, you should contact us again and explain in writing why your complaint has not been addressed. This will be considered and we will respond within 14 days working days, unless more time is needed, in which case you will be informed when the response will be ready.  The range of remedies and potential solutions that will be considered may include:

• the possibility of a referral to an external PPC to review the matter. If this is necessary, written consent will be required from you to release your papers to the external PPC.  The external PPC will aim to report back to us within 14 working days of receiving the papers and we will report back to you within 7 working days of receiving the report.  If longer timescales are required, you will be notified in writing.
• we may offer a mediation with an external mediator to mediate the complaint between the mediator and the clients within a further 20 working days. The outcome will be notified in writing within 7 working days of the meeting taking place.  If longer timescales are required, you will be notified in writing.

When can a complaint be made to the FMSB?

If the complaint still remains unsatisfied after you have exhausted our own complaints procedure, within 3 months of exhausting the process, you can ask the Family Mediation Standards Board to consider the complaint if certain criteria are met under the Family Mediation Council’s Code of Practice – see:  Family Mediation Council Complaints).

How to make a complaint

The complaint should be addressed in writing to Cathy O’Mahoney at DMS Mediation either by email or by post.