1. Within seven days of any person submitting a complaint with respect to the conduct of a mediator appointed under the auspices of ADR Group (including any alleged breach of the ADR Group Code of Practice,) the ADR Group Complaints Handling Officer will contact the complainant to invite him/her to submit a detailed account of the complaint in writing:
by post to: The Complaints Handling Officer
160 Fleet Street
or by email to email@example.com
2. Within seven days of receiving the detailed complaint, the Complaints Handling Officer will send a letter of acknowledgement to the complainant together with a copy of this Procedure.
3. Within seven days of receiving the detailed complaint, the Complaints Handling Officer will forward the detailed complaint and a copy of this Procedure to the mediator.
4. The mediator will be invited to respond to the complaint and reply in writing to the ADR Group within 14 days.
5. During this period the Complaints Handling Officer may undertake further communications and or investigations with the mediator, complainant and or other parties should further clarification be required.
6. Once the Complaints Handling Officer has completed this investigation, but not later than 28 days after receipt of the detailed complaint, the Complaints Handling Officer will submit the file of relevant documentation relating to the complaint to the Director of Education and Training for ADR Group for his/her consideration.
7. The Director of Education and Training will within two weeks thereof cause a letter to be sent to both the complainant and the mediator informing them of his/her decision in the matter and of any further action to be taken, if any.
8. Should the complainant or mediator be dissatisfied with the decision of the Director of Education and Training, he/she is required to send a letter stating this together with his/her reasons for doing so to the Complaints Handing Officer addressed as indicated in paragraph 1 above.
9. The Complaints Handing Officer will within seven days of receipt thereof refer this letter together with the full file relating to the matter to the ADR Group Professional Standards and Complaints Committee.
10. The Director of Education and Training may at any stage refer a matter to the Professional Standards and Complaints Committee if he/she believes this to be appropriate.
11. The Committee will review the complaint, conduct further investigations and enquiries as it deems necessary and determine whether or not there was a breach of conduct and/or a breach of the ADR Group Code of Practice.
a. The Committee will determine the exact procedure to be followed by it in respect of any complaint, including, but not limited to, appointing a sub-committee or individual member of the Committee to deal with the matter further and/or the holding of a formal hearing.
b. The Committee may require the mediator to attend a hearing in person.
c. The Committee may, if it feels it appropriate, invite the complainant to attend such a hearing.
d. The Committee will aim to conclude its review within 28 days following receipt of the file. Should the Committee believe that further time is necessary, it will instruct the Complaints Handling Officer to inform the mediator, complainant and any other interested parties of the delay in writing.
12. Should the Committee find that a breach of conduct and/or a breach of the ADR Group Code of Practice has taken place, the mediator will be notified of the Committee’s decision in writing and the Committee will impose such sanction/s as it deems appropriate, which sanction may include suspension or removal from the ADR Group Panel of mediators.
13. The Committee may also order ADR Group to undertake such remedial steps vis-à-vis the complainant as the Committee deems appropriate.
14. Should the Committee fail to find any breach of conduct and/or breach of the ADR Group Code of Practice, the complaint will be dismissed and the mediator and complainant informed thereof in writing.
15. There is no right of appeal and the decision of the Committee is final.