Complaints Procedure for Chrystalla Spire

Introduction

This Complaints Procedure outlines the process for raising and handling complaints related to Chrystalla Spire. It applies to any individuals who have participated in mediations conducted by us, ensuring that any concerns are addressed promptly and professionally.

Scope

This procedure is available to:

• Mediation Participants
• Counsel
• Solicitors
• Litigation Friends
• Supporters

Note: This procedure does not apply to observers.

It covers:

• Conduct during a mediation or pre-mediation meeting.
• Pre-mediation correspondence or any technical testing/training associated with mediation.

Complaints Procedure

1. Commencement
   If you wish to make a complaint, please submit it in writing. Receipt of the complaint will be acknowledged within 48 hours.

2. Informal Discussion

• Within 48 hours of acknowledging the complaint, you will be contacted to arrange a telephone meeting. The purpose of this discussion is to gain a clear understanding of the complaint and work towards a resolution or address any misunderstandings.
• Within 48 hours of the meeting, a written summary of the discussion will be provided. You will have the opportunity to review, comment on, and request corrections if needed.
• After agreement on the summary, a final version will be sent within 48 hours. If an apology is part of the resolution, it will be included. Any other agreed corrective actions will be carried out within seven days wherever possible.

3. Formal Meeting

• If the informal discussion does not resolve the issue, you will be invited to a formal meeting. This meeting can take place in-person or via video conferencing (Zoom, Teams, etc.).
• You may be accompanied by a legal adviser or other supporter during the formal meeting.
• The purpose of this meeting is to explore the complaint in more depth and agree on a resolution. The resolution will be documented and signed by all attendees before the meeting concludes.
• If an apology is agreed upon, it will be sent within 48 hours of the meeting. Other corrective actions will be completed within seven days wherever possible.

4. Escalation
   If you are not satisfied with the outcome of your complaint at that stage you may refer the matter to the Civil Mediation Council (CMC) on one of the following grounds:

• that Chrystalla Spire no longer meet the requirements for Regulation (Rule 1 (i)); and/or they are not a fit and proper person to hold Regulated status (Rule 1 (ii))
• that Chrystalla Spire has brought the CMC or the mediation profession or the mediation process into disrepute (Rule 6)

This must be done within one month of conclusion of consideration of the complaint by Chrystalla Spire and in any event within 6 months of the events giving rise to the complaint. Complaints received outside these time limits will only be accepted at the discretion of the CMC.

All complaints must be in writing and addressed to the CMC at complaints@civilmediation.org. On receipt of your e-mail the CMC will send you a complaint form to be completed and returned.

All documents relating to the complaint must be submitted with the complaints form or, if any are unavailable, you must give an indication as to when they will be supplied. In submitting a complaint, you consent to all information you supply, and any accompanying documents, being disclosed to the other party to the complaint, to the CMC’s Complaints and Discipline Committee, the CMC Board and to other relevant third parties which may include other regulators.

Complaints will be dealt with in accordance with the procedures adopted by the Complaints and Discipline Committee of the CMC from time to time. A copy of the Rules is available on request from the Secretariat.

All communications must be made in writing, but in its absolute discretion the CMC may also accept oral representations from the parties.

The determination of a complaint by the CMC and any disciplinary measures imposed are final and there is no further appeal.

The CMC will progress your complaint with due diligence and in most cases provide a final determination within 6 months of receipt of the complaint.

Further information as to how the CMC handles complaints about mediators may be found at this link: https://civilmediation.org/for-thepublic/complaints/

This procedure ensures that complaints are addressed in a timely and transparent manner, with every effort made to resolve concerns informally before escalating further. If you have any questions about this process, please contact us at complaints@oaklandsmediation.co.uk.