Complaints procedure for MIAMs and mediation sessions

There are two main stages to the complaints procedure. The first stage is one where we try to resolve any complaint informally. The second stage is one where the matter is passed to the Family Mediation Standards Board (the FMSB), namely a committee of the FMC.

There is a time limit of three months from the date of your MIAM or your last mediation session for any concern or complaint to be raised (being in line with the FMSB requirements). Please note that in accordance with the FMC/FMSB guidelines, we do not have to investigate complaints that appear to be of a vexatious and/or purely personal nature.

Stage one: internal informal resolution

  1. In the first instance, we require any complaint to be made in writing and emailed to Nancy. At this stage the complaint will be dealt with confidentially and will not be shared with any other participant to the Mediation.
  2. On receipt of a complaint, Nancy will acknowledge the complaint within 10 working days, or as soon as is reasonably practical. Nancy will also confirm that the complaint will be investigated and responded to within 30 working days of receipt of the complaint unless further time is required. If further time is required to respond to the complaint, the person making the complaint (the Complainant) will be notified of this in writing.
  3. The response to the complaint will either be via email or via an arranged telephone call with the Complainant.
  4. Where the complaint will be resolved, the complaint will be closed.
  5. If the complaint is not resolved, the Complainant will be advised in writing that Nancy cannot continue with any MIAM or mediation (if it is still ongoing) and any other participant to the Mediation (other than the Complainant) will be informed that there has been a complaint and that Nancy cannot continue with the Mediation.

Stage two: referral to FMSB

  1. If a complaint is not resolved with Nancy, the matter may be referred to the FMSB.
  2. The FMSB will only consider complaints that meet the following criteria:
    • Nancy remains as an FMC registered mediator; and
    • The participant making the complaint is:
      • a participant, a former participant, or perspective participant;
      • a person that the FMSB determines has standing in accordance with its policy on third party complaints; and
    • Nancy's complaints process has been exhausted within the last three months or Nancy is not responding to the complaint; and
    • The complaint alleges breach of the FMC professional standards.
  1. Further details of the FMSB's Complaints Procedure, including how a complaint can be made, our available on the FMC's website: https://familymediationcouncil.org

Complaint regarding service issues

If the complaint is in relation to service issues, rather than a breach of a professional Code, then the Legal Ombudsman may be contacted. The Legal Ombudsman's contact details are:

  • Telephone: 0300 555 0333
  • Website: www.legalombudsman.org.uk
  • Post: Legal Ombudsman, PO Box 6167, Slough SL1 OEH