Complaints Procedure (Mediation only)

Michael Tomlinson Complaints Procedure (Mediation only)

I am committed to providing a high quality service to all my clients and to treating my clients fairly. If you feel that something goes wrong, I want you to tell me about it as soon as possible, so that I can do my best to resolve the problem to your satisfaction. 

My complaints procedure

If you are dissatisfied with the service you have received I hope you would talk first to me involved about your concern or complaint so that I can deal with it immediately if possible. If you remain dissatisfied, then I ask that you to write to me so I may investigate it further. You should please provide the following details:

  • Your full contact details
  • The details of your complaint
  • The remedy you are seeking

Procedural steps

  1. Within 5 working days of receiving your complaint I will send you an acknowledgement of your complaint and, if necessary, asking you to confirm or explain further details of your complaint.  I will also let you know the name of the person who will be dealing with your complaint.
  2. I would normally outsource your complaint to another specialist to investigate it. In any case, the person appointed will be someone other than me. The person appointed by me will contact you as soon as possible to let you know that they are conducting a review and they will reply to your complaint within 21 days. If in the event it is not possible to reply within 21 days, then they will explain why and a new date will be set.
  3. They will examine the relevant file and, if any information is needed from you in order to investigate the complaint, there will be a request for you to provide it.
  4. If it seems appropriate, a meeting will be suggested with you to discuss the complaint and, if possible, to resolve it.
  5. At the conclusion of the investigation, you will be sent a letter setting out the findings. If the matter has been resolved by a meeting between you and the person dealing with your complaint, the letter will confirm to you what took place and any solutions agreed with you.

Review

  1. If, after the conclusion of the investigation and the findings letter, you are still not satisfied, you can write to ask for a review of the response. There will then be a review of the response. An external individual or body may be suggested to review the response.
  2. You may (but this is not a requirement) be invited to agree to independent mediation, in which case you will be informed what this process involves and how long it may be expected to take.
  3. Once these steps have been carried out, you will receive written confirmation of the final position on your complaint and explaining reasons. Generally the aim is to do this and write to you within 15 working days of receiving your request to review the response to your complaint. If the review is going to take longer, for example because further investigation is required or because you are invited to a mediation, you will be written to within that time to tell you of the likely timescale.

 

All conversations and documents relating to the complaint will be treated as confidential. I will keep a written record of your complaint for a period of six years.

What to do if we cannot resolve your complaint

If the response is not accepted, you can appeal to the CMC on certain grounds.  Details of how to do this and of the CMC's appeal processes can be found here: https://civilmediation.org/for-the public/complaints/

 

Further, it may be possible for you to make a complaint to the Legal Ombudsman. The Legal Ombudsman might be able to help you if we are unable to resolve your complaint ourselves. The Ombudsman would look at your complaint independently and it would not affect how we handle your case. Before accepting a complaint for investigation, the Legal Ombudsman would check that you have tried to resolve your complaint with us first. 

 

If you have, then you must take your complaint to the Legal Ombudsman:

  1. Within six months of receiving a final response to your complaint and 
  2. No more than six years from the date of the act/omission; or

  3. No more than three years from when you should reasonably have known there was cause for complaint. Information about the type of complaint the Legal Ombudsman can help with can be found on their website: www.legalombudsman.org.uk/helping-the-public.

     

You can raise your concerns for the Legal Ombudsman by calling 0300 555 0333 between 9 a.m. to 5 p.m. Email [email protected] or you can write to them at the following address: Legal Ombudsman PO Box 6167, Slough, SL1 0EH.

Vexatious/personal complaints

Complaints that appear to be vexatious or of a purely personal nature do not have to be investigated by mediators. Complaints can be considered 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.

Complaints can be considered vexatious when:

  • the purpose appears to be to intimidate, disturb, disrupt and/or unduly or unfairly pressurise the mediator;
  • 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.