East Mediation Complaints Procedure

It is important to us that you receive a service you value.  Here we set out our complaints policy.

Who can complain?

• Former clients
• Prospective clients
• Anyone who has been invited by us to take part in mediation

Who is the complaint made to?

• To us
• If we cannot resolve it then to the FMSB (Family Mediation Standards Board)

What can a complaint be about?

• Something that has gone wrong
• Our services or a bill

What cannot a complaint be about?

It is common for mediation services to contact people who are potential mediation participants: for example, a partner, ex-partner, or a child’s other parent. Complaints about making contact in this way do not need to be investigated by mediators and will not be considered by the FMSB.

Mediators can sign court forms to say one person has attended a MIAM (Mediation Information and Assessment Meeting) without inviting the other person they are in dispute with to attend their own. Complaints about a mediator not contacting someone in this situation do not need to be investigated by mediators and will not be considered by the FMSB.

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

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

They will be considered personal if:

• they are discriminatory or focus on the personal attributes or circumstances of a mediator, rather than the actions of the mediator.

How to make a complaint

• Contact us at enquire@eastmediation.co.uk setting out the full grounds of your complaint and we will:
• Send you an acknowledgement enclosing a copy of this procedure and asking any question which will allow us to investigate.
• Investigate your complaint.
• Write to you to advise the outcome of your complaint.

If you are not satisfied, you may contact us again and, if you agree, we will:

• Arrange for further consideration of the complaint by a non-mediation partner of Norton Peskett solicitors.

If you are still not satisfied, and have exhausted our own complaints process in the previous three months, or you have made a complaint and we are not responding:

• You may refer your complaint to the FMSB in accordance with their complaints policy
• The FMSB will consider complaints that concern breaches of the Family Mediation Council’s (FMC’s) professional standards set out in it’s Code of Practice, it’s Code of Practice for Professional Practice Consultants and in its Manual of Professional Standards and Self-Regulatory Framework

If you are still not satisfied with the outcome, it may be possible to appeal if the FMSB’s Complaints Panel did not consider relevant evidence, did not give sufficient weight to that evidence, or it did not follow the correct process.

Information on how to complain to FMSB can be found at: www.familymediationcouncil.org.uk/complaints-about-mediators/