Marcia Mediation Limited will follow the following procedure in the event of a complaint. This procedure is in line with the requirements of The Family Mediation Council.
By signing this agreement you agree that information held by the mediator can be shared with the FMSB in the event that a formal complaint is made to the FMSB, to which that information pertains.
The FMA and FSMB provide:
The following qualify as third parties who can make a complaint against a mediator:
A prospective client who has been directly affected by a mediator’s professional behaviour.
A person who has been invited to participate in a mediation process, for example another professional who attends a mediation.
For the avoidance of doubt, it is common for a mediator to contact a potential mediation participant after seeing the other potential mediation participant. Complaints about a mediator making contact with a potential participant do not therefore need to be investigated by mediators and will not be accepted by the FMSB.
Likewise, mediators may sign court forms to say one person has attended a Mediation Information and Assessment Meeting (MIAM) without notifying a potential second mediation participant or inviting them to attend MIAM themselves. Complaints about a mediator not making contact with a potential participant do not therefore need to be investigated by mediators and will not be accepted by the FMSB.
Please note that neither mediators nor the FMSB will be able to disclose any information to you that is confidential between the mediator and the mediation participant(s).
It is therefore normal that as a third party, you will only receive a limited amount of information in response to your complaint, even in circumstances where it is considered by the FMSB.
Complaints that appear to be vexatious or of a purely personal nature do not have to be investigated by mediators.
Complaints can be considered vexatious when: