CMC Complaints Resolution Service
CIVIL MEDIATION COUNCIL
MEMBERS’ COMPLAINTS RESOLUTION SERVICE
1. One of the objectives of the Civil Mediation Council is to promote standards and good practice in mediation. Integral to the concept of good practice is a means of resolving disputes or complaints that may occasionally arise about the conduct of the mediator, mediation organisation or mediation trainer (“members”).
2. Ordinarily these will be resolved by the system that has been put in place by the member as part of good practice. But there may be instances (and experience suggests that these will be rare) where the system does not resolve complaints and disputes about the member.
3. The CMC does not believe that it should take on a regulatory role and determine or decide such matters. It does, however, believe that it is appropriate to the CMC’s wider promotion of mediation for it to offer CMC members who find that they face an unresolved complaint a further option.
4. The CMC has announced that from 1st January 2008 members of the CMC will have access to a complaints resolution service whereby either a member, or a client of a member, who has exhausted the member’s own complaints process, can refer the matter to the CMC for resolution. Resolution, of course, will be through mediation.
5. The process is simple. The CMC has a panel of 20 mediators who have each conducted at least 20 mediations who are prepared to work on a fixed fee basis to resolve complaints. The list is maintained by the CMC’s Registrar [email protected] and is both regionally and mediation organisation diverse to avoid the risk of conflict - and to minimise travel costs.
6. The procedure for using the scheme is that either the member, or the client of the member, should contact the Registrar who will establish (1) that the complaint is about a member; and (2) that the complaint has been through and exhausted the member’s own complaints process.
7. The Registrar will then contact the other disputant to confirm that they are willing to use the CMC’s Complaints Resolution Service. If so, the disputants will be sent a standard agreement to mediate and once it has been completed will conduct a basic conflict check before choosing three candidate names from the panel.
8. These candidates will be asked by the Registrar whether they have any objection to being offered as mediators under the scheme to the matter involving the member. If they do not then they will be put forward to the disputants for a choice to be made.
9. In default of agreement by the disputants, then provided the disputants wish to continue to use the scheme, the Registrar will forward three further and similarly checked names to the Chair of the CMC for an appointment to be made.
10. Once the mediator has been appointed, the Registrar will agree a date, time, and a venue and the matter will proceed in the normal way. The disputants will bear the cost of the venue (if any) and any travel, each paying half.
11. The mediation will be time limited to two hours plus any reading. The mediator will act for a fixed fee of £250+VAT which the CMC will bear.
12. To use this service, please contact by email the Registrar at [email protected].