If you are using a mediator from the mandatory mediation roster, your lawyers have the right to file a complaint about your mediator with your local mediation committee.

Complaints should be made in writing and sent to the local mediation coordinator. The coordinator will keep records of all complaints (and any records related to a complaint) for two years after it has been resolved unless the local mediation committee chair extends that timeframe.

The chair of the local mediation committee may also appoint a complaints sub-committee to hear complaints about mediators.

Make a complaint

You or your lawyer can make a written complaint to the local mediation coordinator about the conduct of your mediator at any time during a mediation, and up to 60 days after the last day of a scheduled mediation.

After you submit a complaint

Within 15 days of receiving the complaint, the local mediation coordinator will inform the mediator and the local mediation committee chair in writing about the nature of the complaint.

The mediator will have 15 days to respond in writing to the complaint.

The local mediation coordinator and/or the local mediation committee chair will:

  • try to reach an informal resolution for the complaint
  • take the appropriate action in a timely manner

If the mediator involved in the complaint is the local mediation chair or a local mediation committee member, then the local mediation coordinator will transfer the complaint to another court jurisdiction.

Investigating complaints

The local mediation committee chair may ask the local mediation coordinator to investigate a complaint.

The investigator may ask for, but cannot demand, information about the complaint from:

  • you (the person who made the complaint)
  • the mediator
  • any other appropriate person

The investigator will review any available documents and can ask for more information either:

  • by telephone
  • in writing
  • at an informal meeting

After the investigation

After investigating the complaint, the investigator will make a recommendation to the local mediation committee chair who will decide if further action is required. The chair will notify you, the mediator and anyone else involved about their decision in writing.

Complaints panel

If the local mediation committee chair decides that further action is needed, they will appoint three local mediation committee members to a complaints panel to review the complaint and the results of the investigation. The panel may give the parties involved and the mediator the opportunity to present additional information.

Following their review, the complaints panel may decide to:

  • take no further action if the complaint is without merit or has been dealt with appropriately
  • advise the mediator verbally or in writing
  • reprimand the mediator verbally or in writing
  • remove the mediator from the roster

The complaints panel will inform you, the mediator and anyone else involved, of their decision, with reasons in writing.