ACM Complaints Procedure

  1. There are a number of routes by which a complaint may be made. It may be made direct to the mediator, to the service desk or to a director. It may be verbal or written. Many complaints can be resolved quickly and informally and, if it seems appropriate to do so, the person who receives the complaint will try to resolve it immediately.
  2. Whether or not the complaint is resolved, the person who receives the complaint will report it to (at least one of) the directors. This should normally be in writing (or electronically).
  3. If the complaint can not be resolved immediately then the complainant should be encouraged to raise any problems direct with the mediator.
  4. If the mediator is not able to resolve the complaint then it should be referred to the directors who will nominate another mediator to act as conciliator.
  5. The conciliator will investigate the complaint and report to the directors. The way that the investigation is carried out will vary according to circumstances but it will normally involve:
    1. Contacting the complainant and mediator to discuss. The complainant should be contacted within 48 hours of the conciliator being appointed.
    2. Summarising the complaint and identifying the key issues.
    3. Agreeing relevant confidentiality parameters.
    4. Explaining the conciliator's role and powers.
    5. Investigating the issues fully and fairly.
    6. As appropriate, making further contact with the parties to the complaint and others (within the confines of confidentiality) by telephone, in writing and/or by meeting with them individually or together.
  6. The conciliator will try to resolve the issues to the parties' satisfaction.
  7. When the matter has been resolved the conciliator will write a report to the directors. If the matter cannot be resolved within 28 days of receiving the complaint then the conciliator will send the directors an interim report. The interim report will set out the conciliator's recommendations which may include, for example:
    1. A request for more time to investigate and resolve the issues.
    2. The conciliator's findings to date about the complaint and any stumbling blocks to resolution.
    3. Recommendations for resolution.
  8. Upon receipt of the conciliator's report the directors will decide on appropriate further action. This may involve, for example:
    1. Closing the complaint.
    2. Asking the conciliator to continue the investigation and conciliation.
    3. Nominating another mediator to continue the investigation or take over the conciliation.
    4. Nominating another mediator, or an independent person, or a panel, to conduct a fresh investigation.
    5. Requesting further reports as appropriate.
  9. The directors may agree to nominate a single director to undertake their functions under this complaints procedure.
  10. If the complaint is about the service desk then this procedure may need to be modified but it may still be appropriate to appoint a conciliator as above.

Service that parties can expect under this complaints procedure

It is recognised that what is required may vary according to the circumstances of the complaint. Handling a complaint well can help to prevent it becoming a secondary dispute (and source of stress to the complainant and mediator). Those involved in a complaint can expect:

"Showed real regard for everyone in the room which truly helped have a balanced discussion."


Client

"I …ought to thank you for such skilful handling of the mediation!  There were some forceful personalities involved that you dealt with with aplomb.  I must say I was surprised that we got to a successful conclusion, but I am very glad of it …… I…shall look forward to working with you again."


Solicitor, Partner

"As a means of finding common goals and moving forward, I cannot praise this process highly enough. It is amazing, it’s not a case of winning or losing, it’s a case of moving forward – something that I was previously unable to do."


Client