Who can complain
- A complaint about a mediator can be made if you are a current or former mediation client of Md8 or a qualifying third party which is:
- a prospective client who has been directly affected by a mediator’s professional behaviour,
- or you are someone who has been invited to participate in a mediation process, for example another professional who attends a mediation.
Confidentiality
Please note that neither mediators nor the FMSB (Family Mediation Standards Board) 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 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.
Nature of a complaint
A complaint must relate to a breach of the Family Mediation Council’s (FMC) professional standards. The professional standards are set out in the FMC’s Code of Practice, the FMC’s Code of Practice for Professional Practice Consultants and the FMC’s Manual of Professional Standards and Self-Regulatory Framework.
- It must have occurred within the past three months (from the date of the last session of mediation).
- A vexatious complaint or of a purely personal nature do not have to be investigated (See below)
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 Family Mediation Standards Board of the FMC
- 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.
GDPR Exceptions
If a MIAM is arranged or The Agreement to Mediate (either for Online or actual Face to Face Mediation) with Md8 is signed, you are agreeing that information held by the mediator can be shared with the FMSB or any complaints handler should a formal complaint be made to the FMSB, to which that information pertains.
Process
- All complaints will be acknowledged within 10 working days
- All complaints will be investigated within 30 working days unless additional time is required. The complainant will be notified via e mail if an extension to the set time frame is required.
- Mediation between the complainant and Md8 may be utilised to achieve a mutually acceptable outcome. This option needs the agreement of both Md8 and the complainant.
If a complainant is unhappy with the outcome
You may complain to the Family Mediation Standards Board FMSB, if you have exhausted an FMC Registered Mediator’s own complaints process in the last three months.
Exceptions
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 contacting 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.