Complaints Management Service and Ethical standards (AMDRAS)

What is the Conflictsolvers Independent Complaints Management Service? What is the System?

The Conflictsolvers Independent Complaints Management Service is a service provided to Conflictsolvers members in order to provide an independent third party to refer complaints to.

The service meets the mandatory requirement of an Independent complaint management system for:

AMDRAS Accredited Mediators

The system describes how complaints are accepted, handled and resolved. The intention is to resolve disputes and identify opportunities to improve practice.

As a Recognised Mediator Accreditation Body we have an obligation to consider, when a complaint is substantiated, whether the members of AMDRAS should be cancelled or suspended.

The service provides a structured approach to complaint handling organised around three practical Objectives:

Identify and manage complaints early, in order to resolve them effectively and efficiently
Provide professional, independent investigation and dispute resolution services appropriate to the issues raised and in a way that is considered by all parties to be fair and proportionate to the complaint
Record and use information about complaints in an appropriate and meaningful way

More detail about these Objectives can be found in section 3 of this document.

By following the system all stakeholders can be assured of an appropriate response to complaints about mediators and family dispute resolution practitioners who are eligible for Conflictsolvers Independent Complaints Handling Service.

Please Note: As a service to the industry, Conflictsolvers will accept complaints about any person holding themselves out to be a mediator. We will accept the complaint and attempt to resolve the issue if no other Independent complaint handling service is identified or able to assist the complainant.

1.2 What is the context for this service?

Conflictsolvers Independent Complaint Management Service is provided in the context of the requirement for such a service in the AMDRAS Accredited Mediators scheme.

Mediators

If the member is also an accredited Family Dispute Resolution Practitioner, please refer to our separate complaints procedure for FDRPs.

Conflictsolvers Members

Conflictsolvers also has a statement of Ethical Standards which provide context for complaints about dispute resolution practitioner members. Please ensure you are familiar with the standards that apply to your role.

See Appendix for a copy of the Conflictsolvers standards.

1.3 What is the role of the Conflictsolvers Independent Complaints Handling Service?

Our role is to provide clients of members with an independent, third party to escalate disputes and complaints about services provided to.

It is also intended to help maintain industry standards by providing a way for concerns about the conduct of a dispute resolution professional or dispute resolution organisation to be raised.

It supports the process to cancel AMDRAS accreditation where serious breaches of standards have occurred.

HOW COMPLAINTS ARE HANDLED

This service is designed to assist in resolving complaints made about professional services provided by dispute resolution practitioners.

Complaints are reviewed and any misunderstandings and misaligned expectations that do not relate to misconduct may be able to be resolved during the first contact with Conflictsolvers.

The complainant may be able to remain anonymous if requesting general information about standards for Dispute Resolution.

In most situations’ complainants will be required to provide their contact details and the contact details of the member in question for the complaint to proceed.

If further investigation is required information about the member, the complainant and a general outline of the complaint will be collected.

This can be done by phone, email or letter. Complainants are not required to complete a specific form to make a complaint.

Complaint Forms

A Complaint Form is completed internally by Conflicsolvers staff to initiate a complaint.

The Complaint Form is used to move client information through the system. If a Complaint Manager is allocated the form will go to them to document progress of their investigation of the complaint.

A conflict of interest check is completed with the Complaint Manager to ensure that there is no conflict of interest e.g. a close collegiate relationship with the subject of the complaint or a personal relationship with the complainant before full details of the complaint is provided to them.

A conflict of interest would be any situation where the Complaint Manger feels that they could not fulfil the role without bias, or a reasonable person might consider there to be a conflict of interest.

The Complaint Manager may make use of a variety of methods to develop an understanding of the issues and resolve them. If the issue is deemed to be high risk the Complaint Manager will discuss the issues with Conflictsolvers management before a decision regarding any disciplinary or other response.

A record of all complaints about a member will be retained in electronic format for a minimum of ten (10) years.

2.1 The objectives of our Complaint Handling Strategy

The overarching purpose of this strategy is to ensure we adopt a coordinated, consistent and effective approach to managing complaints about members and proactively assist in preventing complaint clusters through information provided to members.

The approach we take will be most useful when it is proportionate (in terms of time, effort and cost) to the issues raised in the complaint or dispute.

Objective 1: Identify and manage complaints quickly

Conflictsolvers aims to capture basic details and determine the most appropriate approach to handling a complaint quickly and efficiently.

The target is for all complaints to be resolved or allocated a Complaint Manager within seven (7) days of the first contact by the complainant.

Measurement:

– a record is kept of the time between notification of the complaint and resolution and notification of the complaint, allocation of a Complaint Manager and resolution of the complaint.

Objective 2: Fair and proportionate

Conflictsolvers Independent Complaints Management Service offers a professional, independent investigation and dispute resolution service appropriate to the issues raised that is considered by all parties to be fair and proportionate to the complaint.

The target is that complainants and members surveyed about their experience of the complaint handling service indicate that they are satisfied or very satisfied.

Measurement:

– 80% or more of users of the service say that they are satisfied or very satisfied.

– That all responses from users of the service saying they are unsatisfied or very unsatisfied are reviewed for improvement opportunities or the need to re-open complaints.

Objective 3: Appropriate use of information about complaints

Conflictsolvers Independent Complaints Management Service makes appropriate use of information from complaints and the outcome of investigations into complaints.

The target is that a record of all documented complaints is kept, and information distributed to stakeholders in an appropriate way.

Measurement:

– Data is collected to identify the types of complaints and outcomes. This information is de-natured and periodically shared with members for educational purposes

– Complaint information (de-natured) is used in training for members and Complaint Managers on ethical conduct and best practice

– Cancellations of AMDRAS Accreditation are processed according to requirements with identifying information about the mediator involved provided only to those organisations with a legitimate right to that information.

REVIEW STRATEGY

The Conflictsolvers Independent Complaints Handling service is reviewed against the Self Audit Checklist annually unless any major changes occur to the underlying practice standards or legislation.

Any major changes will trigger a full review of the service and associated documents, forms and websites.

REGULATORY AND POLICY FRAMEWORK

This Plan has been formulated to help us resolve disputes in a cohesive manner in compliance with the following regulatory and policy requirements:

AMDRAS Accredited Mediators

– AMDRAS Accreditation Standards www.amdras.au

STAFF ROLES AND RESPONSIBILITIES

Staff Member / Others

Office staff

Complaint Manager

Conflictsolvers Management

Responsibilities

Receive complaint enquiry verbally, via email or letter

Review and document the complaint.

Contact the complainant if more information is needed. Information needed includes the name of the mediator the complaint is about, the basis for the complaint and the name and contact details for the complainant

Provide basic information about the complaints process and what to expect Fact Sheet – How to complain about a Member

Escalate to a complaint manager (check for conflict of interest before providing detailed information)

File completed complaint forms confidentially

Update complaints statistics

Review the information provided about the complaint

Contact the complainant to explain role and for more information

Contact the member to discuss the complaint

Review issues raised against standards or regulations if necessary

Determine most appropriate response*

Discuss complaint with management (if issues warrant joint decision making)

Communicate response to complainant and member

Send feedback form to mediator and complainant

Provide completed Complaint Form to Management

Review completed Complaint Forms

Discuss major issues with Complaint Manager

Update AMDRAS Register (if accreditation cancelled)

Resolution

Complainant does not wish to proceed

Complainant will not provide identifying information

Complainant is satisfied with basic

information provided

Escalate to a Complaint Manager

No breach of duty – explained and case closed

Minor breach of duty – resolution discussed and complainant satisfied

Major issues – disciplinary action required

Review major issues

Update registers and regulators

Attachment 1 - Conflictsolvers Complaint Process

Attachment 2 - Conflictsolvers Code of Ethics

Conflictsolvers Code of Ethics is aligned with the AMDRAS Mediator Accreditation and Practice Standards for Mediators accredited under AMDRAS. By joining Conflictsolvers as an Advanced Mediator or Professional Mediator (AMDRAS) you confirm that you comply with the following Code of Ethics and Conduct.

Professional Conduct 1.

To behave in a way that demonstrates good character. Good character is defined as being honest, demonstrating integrity and a respect for the law in your professional and private life. This includes but is not limited to:

a) Maintaining confidentiality as agreed with clients and not using information obtained in mediation for personal gain or advantage.
b) Refraining from threats or the use of violence in your personal and professional life
c) Upholding your duty of care to protect people from exposure to violence or threats of violence to the extent that it is possible without jeopardising your own personal safety.
To disclose to conflictsolvers at the time of application for membership, or if the issue arises during the term of your membership as soon as practical, any of the following:
a) any criminal l convictions3
b) if you have been disqualified from any type of professional practice4
c) if you have ever been refused AMDRAS accreditation or accreditation renewal or had your accreditation suspended or cancelled.
d) any impairment that could influence your capacity to discharge your obligations in a competent, honest and professional manner
To be aware of and comply with:
a) the AMDRAS Approval Standards and Practice Standards
b) any relevant legislation
c) any other professional standards and
d) any other requirements relevant to you
To be honest in terms of marketing your services as a mediator including:
a) Accurately representing your qualifications and experience
b) Providing accurate information about your practices and procedures so that potential clients are able to make an informed decision about participating in mediation

3 A criminal conviction does not automatically mean that you are ineligible for membership or accreditation however convictions for crimes related to violence, sexual abuse, child abuse or dishonesty may.

4 A disqualification from professional practice does not automatically mean that you are ineligible for membership. A failure to disclose would indicate a lack of integrity and would significantly increase the likelihood that you would not be accepted for membership.

c) To avoid promising that an agreement or any specific outcome can be achieved from the mediation process or implying that promise
d) To make the basis on which all fees, costs and additional charges will be levied clear and before the mediation process commences
e) To clearly indicate your role when acting in the capacity of mediator, especially if you have additional professional roles such as a lawyer, advisor or other role
To avoid bias and conflict of interest and the perception of bias or conflict of interest by:
a) Withdrawing from any case where you do not believe that you can facilitate the process fairly
b) By informing the participants of any situation where there may reasonably be grounds for a perception of bias or conflict of interest, even if you do not feel that you will be biased or conflicted in accordance with the Practice Standards.
To ensure that your professional insurances remain current at all times.

Conduct when Mediating

To mediate only when you have competence to do so and to seek support, a co-mediator or mentor when you are unsure of your competence in a specific situation or scenario.
To prepare appropriately for mediation and only conduct mediation in a location where the participants privacy and confidentiality can be protected (to their level of comfort.)
To uphold the integrity and fairness of the mediation process by:
a) Conducting a pre-mediation assessment of the dispute and suitability for mediation in accordance with the Practice Standards and any other standards that apply to your specific practice
b) Facilitating mediation in a way that is fair, unbiased and without any personal gain from any specific outcome.
c) Avoiding conflict of interest
To use an Agreement to Mediate or other document to provide the client with clear and accurate information about your processes, costs, roles and how a participant can make a complaint if they do not believe that the process was facilitated in accordance to their expectations.
To not use any information gained during the mediation process or to act as an advocate or in any other professional capacity in relation to the same subject without the express permission in writing from both parties.
To uphold self-determination and communicate with all participants in a fair, respectful and sensitive manner
To facilitate the mediation process professionally supporting participants to engage in the process without demonstrating bias.

To suspend or terminate the mediation process if it becomes evident to you that it is no longer appropriate or that it could be detrimental to one or more of the participants or yourself.
To only provide advice and/or expert information when you have the expertise and qualifications to do so and then only when:
a) It supports the decision-making of the participants,
b) When it is agreed by all participants in advance that advice and/or expert information may be provided e.g. in your Agreement to Mediate

Professional Development

To comply with the professional development standards required in AMDRAS
To support the dispute resolution industry by upholding standards, supporting new entrants and advocating alternative dispute resolution as an alternative to adversarial processes where appropriate.
To cooperate in establishing and maintaining the quality, qualifications and standards of DR practice
To actively engage with any feedback, supervision or complaints made about or to you as a mediator while protecting confidential client information. In addition, members should familiarise yourself with the Conflictsolvers Independent Complaint Handling Service which applies to any complaints about members that cannot be dealt with internally by your systems.

Conflictsolvers Complaint Management Process Fact Sheets