Complaints Procedure MfN Register

Complaints procedure MfN register

Article 1 – Definitions

In this complaints procedure, the following definitions apply:

a. MfN: Mediators Federation Netherlands, the holder of the MfN register
b. MfN Register: the independent quality register of the MfN
c. SKM: Foundation Quality Mediators, the independent foundation that manages and executes the MfN register
d. office: the office of the MfN register responsible for the administrative handling of a complaint
e. Code of Conduct: the Code of Conduct established by the MfN for MfN registered mediators
f. complaint: any expression of dissatisfaction regarding the functioning of a mediator in that capacity, communicated in writing to the MfN register by or on behalf of the complainant
g. complaint handler: the person designated by the MfN register to handle a complaint
h. complainant: a participant in a mediation or their representative who files a complaint
i. mediator: the mediator registered with the MfN against whom the complaint is directed
j. regulation: the MfN Mediation Regulation established by the MfN.

Article 2 – Purpose of the complaints procedure

The purpose of this complaints procedure is to resolve complaints in an accessible manner.

Article 3 – Procedure

3.1 In principle, a complaint will only be processed if submitted in writing to the MfN register within twelve months after the conclusion of the mediation from which the complaint arises. This rule does not affect the judgment of the disciplinary colleges regarding the admissibility of a complaint. Mediation is concluded when one of the grounds mentioned in Article 8 of the regulation has been fulfilled.

3.2 The complainant must provide, in any case:

their name, place of residence, telephone number, and email address;
the name of the mediator;
the mediation agreement;
a brief description of the mediation;
the end date of the mediation;
a brief description of the complaint.
3.3 The office records the date of receipt of the complaint. The office sends the complainant an acknowledgment of receipt within a week and forwards the complaint to the relevant mediator within a week. The office specifies the name of the designated complaint handler. The complaint handler, the complainant, and the mediator are asked to indicate within a week whether there are any ties that would impede an impartial handling of the complaint. If that is the case, the office will promptly engage another complaint handler. Within three weeks of receiving the complaint, the office forwards the complaint to the complaint handler. The office makes the complaint available to the complaint handler.

3.4 Within a week of receiving the complaint, the complaint handler consults with the complainant on whether the complaint can be handled within the complaints procedure. If this is not the case, the complaint handler discusses the possibility of proceeding to the Disciplinary Committee according to the Regulation of the Foundation for Disciplinary Proceedings for Mediators. The complaint handler informs the complainant, the mediator, and the office in writing within two weeks of receiving the complaint whether or not the complaint has been accepted for handling.

3.5 If the complaint handling continues, the complaint handler processes the complaint adequately. They hear the complainant and the mediator. The complaint is resolved within six weeks after the complaint handler has received it. The complaint handler may extend this period once by a maximum of four weeks. If the complainant and the mediator agree, the resolution may take place by phone.

3.6 The complaint handler strives to achieve a satisfactory outcome in response to the complaint. The complaint handler is not authorized to make a binding decision or impose sanctions. However, the complaint handler may make recommendations or express opinions on aspects of the complaint. Such recommendations and opinions cannot be derived as rights.

3.7 The complaint handler documents the date on which they received the complaint from the office, as well as the procedure followed, including any agreements made with the complainant and/or the mediator, and sends any agreements to the complainant and mediator. When the complaint handling is concluded, the complaint handler sends a written termination notice to the complainant, the mediator, and the office.

3.8 The complaint handler informs the complainant and the mediator in the written termination notice that, insofar as the complaint relates to an alleged violation of the Code of Conduct, the complainant may submit this to the Foundation for Disciplinary Proceedings for Mediators after the conclusion of the complaint handling, taking into account the Regulation of the Foundation for Disciplinary Proceedings for Mediators. The chairperson of the Disciplinary Committee may decide that a complaint submitted more than eighteen months after the conclusion of the mediation remains unaddressed.

3.9 The MfN register will cover the costs of the complaint handler. Costs incurred by the complainant and mediator themselves will be at their own expense.

3.10 After the conclusion of the complaint handling, the complaint handler will destroy all documents related to the complaint handling.

Article 4 – Confidentiality and Privacy

4.1 The mediator and the complainant are, in accordance with Article 7.6 sub c of the regulation, released from the confidentiality obligation applicable to them to the extent necessary to handle the complaint.

4.2 The complaint handler is obliged to maintain confidentiality regarding all information that has come to their knowledge in the handling of the complaint. This obligation also applies to the board of the SKM and the office. This obligation does not apply if the complaint handler already had access to this information independently of the complaint.

4.3 The information exchanged during the handling of the complaint is confidential. Any agreements referred to in Article 3.7 do not fall under confidentiality and may be presented in any disciplinary proceedings, unless the parties agree otherwise.

4.4 The complaint is handled in private.

4.5 If a complaint handler is summoned in any proceedings at the Foundation for Disciplinary Proceedings for Mediators, they will not give a statement.

4.6 Both the complainant and the mediator may be assisted in the handling of a complaint. The complainant and/or mediator who is assisted ensures that their advisor will strictly adhere to the confidentiality obligation as agreed upon in the mediation from which the complaint arose.

Article 5 – Internal Information and Archiving

5.1 After the handling of the complaint, the office retains the original complaint and a copy of the written termination notice for a period of three years. Other documents will be destroyed.

5.2 The office keeps a record of all incoming complaints.

5.3 The office informs the board of the SKM annually and in an anonymized manner about the handling of complaints received by the MfN register.

Article 6 – Final Provisions

This complaints procedure is established and can be amended by the MfN register. In cases not covered by this complaints procedure, the board of the SKM will decide.

Explanation of the complaints procedure for the MfN register.

Why a complaints procedure?

The MfN register has a complaints procedure aimed at resolving complaints about an MfN-register mediator in an accessible and informal manner. This promotes and safeguards the quality of mediation in general. Mediators registered in the MfN register have committed to adhering to the Code of Conduct for MfN-register mediators upon registration. They conduct mediations in accordance with the MfN Mediation Regulation. Carefulness in performing their tasks is paramount. However, as with any profession, it can happen that a participant in a mediation is dissatisfied with the mediator’s performance. It is important for both the complainant and the mediator involved that complaints are handled independently. Therefore, the MfN register has a complaints procedure that can be utilized in such situations. The aim of the complaint handling process is to resolve the complaint.

Filing a complaint

If you, as a participant in a mediation, have a complaint about the performance of an MfN-register mediator, first discuss it with the mediator themselves. Often, mutual contact, further information, or an explanation about the how and why of certain actions can resolve the issue. If that doesn’t work, you can submit a complaint to the MfN register. This is done by sending a written complaint notification to the MfN register. The complainant includes their details, the name of the mediator, the mediation agreement (if available), a brief description of the mediation, the end date of the mediation, and a brief description of the complaint.

What happens to a complaint notification?

The office registers the complaint notification. Based on objective criteria, it is assessed whether the complaint primarily belongs to the MfN register (is there an MfN-register mediator involved and a mediation in accordance with MfN conditions) and whether the necessary information is complete. The office sends the complainant an acknowledgment of receipt within a week and simultaneously forwards the complaint to the mediator, mentioning the name of the intended complaint handler. The office asks the complainant, mediator, and complaint handler to indicate within a week whether any connections exist that would hinder impartial complaint handling (for example, if they know each other personally). If so, the office will immediately appoint another complaint handler. The office forwards the complaint to the complaint handler no later than three weeks after receipt of the complaint. Complaint handling is conducted by a neutral, external complaint handler appointed by the MfN register. The complaint handlers are experts with a broad orientation and experience in the mediation field.

Processing

The procedure is accessible and informal. The complaint handler contacts the complainant and the mediator within a week after receiving the complaint. They consult with the complainant to see if the complaint can be addressed within the complaints procedure. If this is not the case, the complaint handler discusses the possibility of proceeding to the disciplinary court. Within two weeks of receiving the complaint, the complaint handler informs the complainant, the mediator, and the office whether they have accepted the complaint for handling.

If it has been decided that the complaint will be handled by the complaint handler, the complaint handler addresses the complaint adequately. Both the complainant and the mediator have the opportunity to provide an explanation. In certain cases, the handling may take place over the phone if both the complainant and the mediator agree to this. The complaint procedure is not about determining ‘right or wrong.’ The handling aims to achieve a satisfactory resolution of the complaint. The handler does not make a binding decision or impose sanctions.

A maximum period of six weeks is allowed for resolving a complaint. The complaint handler can extend this period once by a maximum of four weeks. Once the handling leads to a solution, the complaint handler closes the handling. If no solution has been reached within the applicable period, they will close the handling when the period ends.

There may be special circumstances in which the deadlines mentioned in the complaints procedure cannot be met (for example, in case of illness or vacation). Some leniency is expected from the complainant and mediator if special circumstances arise that cause the deadlines to be exceeded.

The complaint handler properly records the followed procedure and any agreements made with the complainant and/or mediator and sends these agreements to the complainant and mediator. The complaint handler sends a written notification to the mediator, the complainant, and the office when the complaint handling is concluded.

Internal information and archiving

During the complaint handling process, the complaint handler retains all documents. After the complaint has been handled, the office keeps the original complaint and a copy of the written termination notice sent to the office by the complaint handler. The complaint handler destroys the other documents.

Foundation for disciplinary proceedings for mediators

After the conclusion of the complaint handling, the complainant has the opportunity to submit their complaint in writing to the Disciplinary Committee of the Foundation for Disciplinary Proceedings for Mediators within eighteen months after the mediation has ended. In this case, the Regulations of the Foundation for Disciplinary Proceedings for Mediators apply. It is up to the complainant to decide whether they want to pursue this route. The MfN register does not advise on this.

Confidentiality and privacy

The complaint handler is obligated to maintain confidentiality regarding all information that comes to their attention during the handling of the complaint. This confidentiality obligation also applies to the board and the office. If the complaint handler is summoned in a procedure at the Foundation for Disciplinary Proceedings for Mediators, they will not give a statement. The mediator and complainant are released from their applicable confidentiality obligations regarding information needed to handle the complaint.

The information exchanged during the handling of the complaint is confidential. However, any agreements made with the complainant and/or mediator are not subject to confidentiality. These may be presented in a potential disciplinary procedure. If the complainant and mediator wish to keep the agreements confidential, they can agree to this in writing.

The complaint is handled in private. This means that no other persons participate in the complaint handling. Both the complainant and the mediator can have a representative assist them in the complaint handling. This person must also commit to confidentiality.

All actions assigned to the MfN register are carried out by a staff member of the office. The staff members of the office are bound by a confidentiality obligation.

Costs

The complaints procedure is designed to handle complaints informally, accessibly, and responsibly. Therefore, the MfN register covers the costs of the complaint handler. Costs incurred by the complainant and the mediator themselves are for their own account.

(The above text serves as an explanation and information. The text of the Complaints Procedure of the MfN register is decisive.)

Documents

• Code of conduct for mediators
• Standard agreement
• Complaints procedure