Our complaints procedure complies with the Family Meditation Council (FMC) Code of Practice and is designed to assist in the resolution of any complaint.

We aim to respond promptly and respectfully to any complaint, formal or informal.  The views of our clients are important to us. 

WHAT IS A COMPLAINT

A complaint is any experience of dissatisfaction or concern; in whatever way, it is expressed and by whoever it is expressed.

A complaint against a mediator must relate to breaches of the FMC’s Codes of Practice or Standards Framework that occurred during the last three months.  For the avoidance of doubt, for complaints relating to how mediation was conducted as a whole, the three months runs from the date of the last mediation session.

Complaints that appear to be vexatious or of a purely personal nature do not have to be investigated.

WHO CAN COMPLAIN

Any client, former client or qualifying the third party.

HOW WE HANDLE COMPLAINTS

1. In the first instance, clients are to address any dissatisfaction informally with the mediator, who will try to resolve the matter amicably.
2. For clients that still feel dissatisfied, we ask that concerns are put in writing, via email, for a thorough consideration of the complaint. This is likely to include consultation with the mediator’s Professional Practice Consultant (PPC). Written complaints will be acknowledged within 10 days of receipt and responded to within 30 days of receipt. 
3. Where we recognise that a complaint is justified, we will offer appropriate redress such as reimbursement of fees and/or apology.
4. If the client is still not satisfied with the mediator’s response after completing the above stages of our procedure, if the complaint meets the criteria as set out above, they can ask the Family Mediation Standards Board (FMSB) to consider the complaint. The process for making a complaint to the FMSB can be found on The Family Mediation Council website.

QUALIFYING THIRD PARTIES

The following qualify as third parties who can make a complaint against a mediator:

• 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.

It is common practice for a mediator to contact a potential mediation participant after seeing the other potential mediation participant. Complaints about a mediator contacting a potential participant do not, therefore, 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 a potential second mediation participant or inviting them to attend MIAM themselves. Complaints about a mediator not contacting 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 as a third party, you will only receive a limited amount of information in response to your complaint, even in circumstances where it is considered by the FMSB.

COMPLAINTS THAT APPEAR TO BE VEXATIOUS OR OF A PURELY PERSONAL NATURE

Complaints that appear to be vexatious or of a purely personal nature do not have to be investigated by mediators. Complaints can be considered vexatious when:

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

Complaints of a purely personal nature will not be considered if they are discriminatory or focus on the personal attributes or circumstances of a mediator rather than their actions as a mediator.