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Complaints Process

 


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The Complaints Process

The Process varies according to the capacity in which you have instructed us:

1. Certified ADR Provider pursuant to the ADR Regulations 

ProMediate (UK) Limited has a proud of successfully resolving disputes between traders and consumers, for a low fee.  Nonetheless we recognise that sometimes things do not go as smoothly as we would have liked, particularly when dealing with uncooperative traders.

In case of any complaints, we seek to resolve these ourselves in the first instance. The procedure is for the complainant to put their complaint in writing and ProMediate will respond within 28 days. 

ProMediate is registered with the Information Commissioner’s Office for data protection purposes.

If you are dissatisfied with the response, there are two routes to take your complaint further

you may make a complaint via the EU Platform http://ec.europa.eu.odr

we will comply with the information requirements of the ADR Regulations and provide you with information concerning a certified ADR Provider and inform you whether we will use them.

2. Civil Mediation Council – Commercial and Civil Mediations conducted by CMC Registered Mediators

If your complaint concerns the conduct of a telephone, online or physical mediation by one of ProMediate’s civil and commercial panel mediators, registered with the Civil Mediation Council, if you are dissatisfied with the response then you can take your complaint forward via the Civil Mediation Council Members’ Complaints Resolution Service:

http://www.civilmediation.org/governance/13/complaints-resolution-service

registrar@civilmediation.org

3. Mediator Training Course

We have a complaints and Appeals Process as follows:

Complaints

We take complaints seriously and have a full appeals system

PM welcomes feedback and we take this both formally and informally, as well as having our courses reviewed externally by the CMC.

If your complaint cannot be resolved through us, you can complain to the Civil Mediation Council.

http://www.civil edistion.org/governance/13/Complaints-resolution-service

Assessment and Examination Appeals Policy and Procedure

1. Policy

1.1 Right to Appeal

1.2 The appeals process is available to delegates on courses run by ProMediate..

2. Procedure

2.1 Delegates have the right to appeal to the ProMediate Assessment and Examination Appeals Committee for a review of a final decision of the PM of Mediation Assessor decisions on assessment, and examination and course Certification.

2.2 This applies to the following decisions:

(a) Appeal against the failure to achieve a safe and competent grade in the Assessment phase;

(b) Appeal against the failure to achieve the minimum pass mark in the written Examination;

(c) Appeal against the mark awarded in the Examination;

(d) Appeal against the failure to be awarded a certificate of satisfactory completion of the course

2.3 This includes appeals against a requirement to take reassessments.

2.4 An appeal may only be submitted in relation to the final decision of the Assessors and/or the Examiner.

2.5 Appeals will only be considered if submitted within one calendar month of the delegate receiving notification of the decision they wish to appeal against.

2.6 Only written requests for Appeal presented clearly and comprehensibly will be accepted.

2.7 There may be times when a delegate submits an appeal, the subject of which is actually a complaint, or vice versa.  In these cases, PM may decide to reclassify the appeal or complaint, at whatever stage of the procedure that has been reached, and PM will inform the delegate of this.

2.8 If it is clear the circumstances claimed by the delegate do not constitute sufficient grounds for an appeal, the case will be rejected immediately. This includes instances where:

(a) the student has provided no substantial, relevant evidence of a procedural irregularity or of prejudice.

(b) the procedural irregularity claimed by the delegate clearly could not have affected the decision against which the Appeal is being made to an extent that would have led to a different decision.

(c) no substantive reasons have been provided for regarding the decision as manifestly unreasonable

2.9 Where it is believed that there may be grounds to Appeal, an investigation will be conducted.

2.10 Once a member of the Panel of PM has been personally involved in the delegate’s case whether at any stage of the Appeal process or in circumstances relating to the subject of the Appeal, they will take no further part in the Appeal process.

2.11 If the Panel member of PM believes that the case is insufficient and therefore bound to fail, the appeal will be rejected

2.12 Where a case is rejected, the reasons for the decision will be conveyed by letter to the delegate. This will not prevent the delegate from submitting a revised case within one calendar month of receiving notification of the outcome of their Appeal if the delegate has new evidence to make known.

3. Grounds for Appeals

3.1 It is for the delegate to establish their case and only claims of one of the following circumstances will be considered as grounds for appeal:

(a) That parts of the documented assessment procedure were not applied and that this procedural irregularity which has disadvantaged the delegate was significant enough to have materially affected the decision/recommendation made, rendering it unsound.

(b) That the decision-making body took a decision which no reasonable person would find comprehensible. Disagreement with the decision does not make it manifestly unreasonable. To apply this ground you must provide substantive argumentation as to why no reasonable person could have arrived at the decision that was made.

(c) That prejudice or bias on the part of one or more of the Assessors or Examiner took place and can be proven (evidence must accompany the submission).

3.2 The following circumstances will not be considered grounds for appeal:

(a) Perceived past shortcomings in tuition, supervision or support not previously raised with PM cannot be considered as grounds for appeal.  Concerns relating to the quality of teaching or supervision, or other circumstances that relate to the delivery of a course before the commencement of assessment or the submission of the written Examination should be raised under the Complaints Policy as they arise.

(b) An Appeal may not be made to question the academic judgement of the PM Examination Moderators, and the delegate will not be permitted to argue the academic merits of his/her work. The student’s feeling that the result unfairly reflects the merit of their work or their ability is not a ground of appeal.

(c) An Appeal may not be made against the actual mark awarded for the assessment, which is a matter of academic judgement, except where the case rests on a claim of procedural irregularity. If a delegate wishes to have clarification about a mark received for an individual assessment they are advised to raise this at the time with the Assessor or Examiner at the time that debrief is provided.

(d) A delegate who has submitted an extenuating circumstances claim to PM and is dissatisfied with the outcome should use the Complaints Procedure.

4. Oversight of the Process

4.1 The procedure is managed by the Directors of ProMediate.

5. Further Steps

5.1 There is no right to Appeal the decision of the Appeal Process.

Cancellation Rights Regarding PM Mediator Training Course

ProMediate (UK) Limited of Brow Farm Top Road Frodsham Cheshire WA66SP  telephone number 02036213908 email address enquiries@promediate.co.uk

The address which complaints should be sent to is the same as above.

The contract may be cancelled within 14 days without giving any reason or incurring any liability during the cancellation period.

However if you ask us to start work within the cancellation period, and the course commenced within 14 days, you will be responsible for paying us the reasonable costs of the service.

There are no cancellation rights for services if you ask us to start work in the cancellation period and we have completed the retainer.

Please see attached cancellation form.

Cancellation

You have the right to cancel this contract within 14 days without giving any reason unless you have requested us to start work by contacting the other party or mediating within the 14 day period.  The cancellation period will expire after 14 days from the day of the conclusion of the contract

To exercise the right to cancel, you must inform ProMediate (UK) Limited of Brow Farm To Road Frodsham Cheshire at enquiries@promediate.co.uk telephone number 02036213908 of your decisions to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You may use the attached model cancellation firm, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of your right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement*.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

When the services involve the provision of a Mediation course there is no right to cancel following the expiry of the 14 day period and the Mediator Training fee is payable in full. In its discretion, ProMediate will agree to postpone the course that you booked to the next available course.

ProMediate is not liable for any losses suffered in relation to the course provision save for personal injury or death.

*The exception is credit card transactions, where the reimbursement can only be made to the originating car

To ProMediate (UK) Limited of Brow Farm Top Road Frodsham Cheshire WA66SP enquiries@promediate.co.uk telephone 02036213908

I/We [*] herby give notice that I/We [*] cancel my/our [*] for the supply of the following service [*],

Ordered on [*]/ received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.

We draw your attention to our privacy notice. We only collect your data to deal with your complaint and then when contacting the other party. We destroy all data held after 6 months.  We do not sell your data or pass it on to any third party. If you have any questions about the data we hold please contact our data protection officer, Peter Causton

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