Mediation complaints

Our commitment

We are committed to providing a professional, impartial and high-quality mediation service. However, if at any stage you become unhappy or concerned about the service provided, we would encourage you to raise your concerns as soon as possible so that we can seek to resolve them promptly, fairly and efficiently.

This procedure explains how complaints relating to our mediation services will be handled.

This Complaints Handling Procedure is published on our website and is provided to all mediation participants at the outset of the mediator’s appointment.

Informal concerns

In the first instance, it may be helpful to raise any concerns directly with the mediator so that they can be discussed and, where appropriate, resolved quickly and informally.

Informal discussions do not form part of this formal Complaints Handling Procedure and will not affect your right to make a formal complaint.

Making a formal complaint

If you are not satisfied with the outcome of any informal discussion, or if you wish to make a formal complaint from the outset, you may do so by contacting:

Bridget Redmond, Managing partner

Email: bridget.redmond@willans.co.uk

Telephone: 01242 514000

Postal address: Willans LLP, 34 Imperial Square, Cheltenham, Gloucestershire, GL50 1QZ.

When making a complaint, please provide as much relevant information as possible, including:

• your name and contact details;
• the mediation reference or details of the mediation;
• the name of the mediator concerned;
• the nature of your complaint;
• any supporting documents you wish us to consider; and
• the outcome you are seeking.

Complaints may be made by email, letter or other reasonable written means.

Acknowledgement of complaints

We will acknowledge receipt of your complaint promptly and in writing, normally within seven calendar days of receiving it.

The acknowledgement will:

• confirm that your complaint has been received;
• explain the next steps in the process;
• identify the person who will investigate the complaint; and
• confirm the anticipated timescale for a substantive response.

A record of the complaint will be maintained in our complaints register.

Investigation of complaints

Upon receipt of a complaint, the Managing Partner will determine who is best placed to investigate it. Complaints will, wherever possible, be investigated by a person of appropriate seniority who has had no prior involvement in, or connection with, the matters complained of. Depending on the circumstances, the investigation may be undertaken by another partner of the firm, a member of the compliance team, or an appropriately qualified external reviewer.

The investigator may:

• Review relevant documents and correspondence;
• Seek further information or clarification from the complainant;
• Discuss the matter with the mediator concerned; and
• Consider any other information reasonably required to investigate the complaint.

If further information is required from the complainant, the investigation timescale may be adjusted accordingly.

Response to complaints

We will provide a substantive written response within 28 calendar days of acknowledging the complaint.

Our response will:

• summarise the complaint;
• set out the findings of the investigation;
• explain our conclusions;
• describe any action that has been taken or is proposed; and
• confirm whether the complaints process has concluded.

Where it is not possible to provide a full response within 28 calendar days, we will write to the complainant before that deadline expires to explain:

• why the delay has arisen; and
• the revised timeframe by which a full response will be provided.

Meetings and further discussions

Where we consider it helpful, we may invite the complainant to discuss the complaint by telephone, video conference or in person with a view to resolving the issues raised.

Any such discussion will not prevent us from providing a formal written outcome under this procedure.

Conclusion of the complaints process

We aim to conclude complaints promptly and fairly.

Our final written response will clearly state when our internal complaints process has been completed.

If a complainant does not respond to any proposals for resolution within a reasonable period, we may treat the complaint as concluded.

Civil Mediation Council referral

At the conclusion of the complaints-handling process, a complainant may, in certain circumstances, refer the matter to the Civil Mediation Council (CMC).

Such referrals are considered having regard to whether the matters raised could amount to Serious Professional Misconduct and could thereby meet the requisite high threshold of seriousness.

Please note that, as a CMC referral relates only to matters which could give rise to Serious Professional Misconduct, this is not a route to compensation, redress or dispute resolution, and cannot be used to appeal, change, alter or otherwise overrule the outcome of this Complaints Handling Procedure.

Further information is available at: www.civilmediation.org/concerns

Complaints records & confidentiality

All complaints will be handled confidentially, insofar as is reasonably possible and consistent with a fair investigation.

Records relating to complaints will be retained in accordance with our document retention policies and applicable legal and regulatory requirements.

Accessibility

A copy of this Complaints Handling Procedure is available on our website and will be provided to mediation participants at the outset of a mediation appointment.

Alternative formats can be made available upon request.