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POLICY ON ADDRESSING CONCERNS

Preamble

The Scottish Mediation Register (SMR) is not a regulatory body so does not have any power over mediators

who are admitted to the SMR beyond withdrawing the registration o a mediator who cannot show that

they comply with the Benchmark Standards.

Mediators registered with the SMR are expected to have their own process or handling concerns orcomplaints which should ollow good practice. Some mediators may be members o a body or association

which oers an additional system or process or handling concerns or complaints once the mediators

own process has been exhausted. Some mediators may not have such an additional system or process.

The SMR can only address concerns that a Scottish Mediation Registered mediator has not shown that

they comply with the Benchmark Standards.

The Scottish Mediation Registers procedure for handling concerns

A concern or complaint that a Scottish Mediation Registered mediator cannot show they comply with

the Benchmark Standards will be handled by the oce o the SMR in the frst instance. The SMR oce

will ask or all relevant inormation rom the mediator and the person expressing the concern.

I, on the ace o it, the mediator cannot show they comply with the Benchmark Standards, the SMR

oce will write by recorded delivery letter to the mediator telling them that consideration is being given

to their de-registration. At this stage the mediators entry will be suspended and will not appear on the

SMR.

The letter will give the grounds or such proposed de-registration and ask or any relevant representations

about that proposal to be submitted to the Benchmark Standards Group (BSG) or such other successor

Board o the SMR within 14 days or such other agreed time limit. The letter will also indicate theconsequences o de-registration.

Ater 14 days or such other agreed time limit or representations, the SMR oce will reer the papers,

including any representations made by the mediator about the proposed de-registration to a panel o

the BSG comprising o 3 members, one o whom must be an person who does not practice as a mediator,

chaired by one o their number to be agreed by the panel. The absence o representations rom the

mediator will not delay the panels consideration o the proposed de-registration.

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The BSG panel will decide:

or each o the alleged ailures, whether there is sucient evidence to conclude that the

alleged ailure took place; i there has been a ailure, whether it is suciently serious to warrant the removal o the

mediator rom the Register (de-registration)

i the mediator is to be removed rom the SMR, the length o time beore the mediator

may apply to the BSG to be readmitted to the Register.

Where the BSG panel is satisfed that the mediator should be removed rom the Register, they

will be inormed by the SMR oce in writing. The oce will send this decision to the mediator

at their last known business address and will as soon as practicable send to the mediator by

recorded delivery letter the reasons or this decision. The mediator will also be inormed that

they have 21 days in which to seek a review o the BSG panels decision to remove him or her

rom the Register. At this stage the mediators entry will be removed rom and not appear on theSMR. No part o the registration ee will be repaid to the mediator.

Review

A mediator aggrieved by a decision o the panel may, within 21 days o receiving the reasons or

the decision, seek a review o the decision rom the BSG. On the receipt o such a request or a

review, the SMR oce will reer the review to the next ull meeting o the BSG or consideration

at which no member o the panel initially considering the proposed de-registration may take

part.

The BSGs decision on review will be the fnal decision and will be communicated to the mediatorby recorded delivery letter. No urther right o review will be available to the mediator.

I the time-limit or requesting a review o the decision to de-register has expired with no request

having been taken, the SMR oce may give publicity to the decision to remove the name o

mediator rom the Register on the basis o his or her ailure to show that they comply with the

benchmark standards o the Scottish Mediation Register.

For more informationVisit: www.scottishmediation.org.uk

Call: 0131 556 1221

Email: admin@scottishmediation.org.uk

The Scottish Mediation Network is a registered charity unded by

the Justice Directorate o the Scottish Government.

Scottish Charity Number SC034921 Company Registered in Scotland SC258173 Registered Oce: 18 York Place, Edinburgh EH1 3EP