Registered Mediation Organisations
CIVIL MEDIATION COUNCIL REGISTERED WORKPLACE MEDIATION ORGANISATION PILOT SCHEME 2009
i. This is the Civil Mediation Council (CMC)’s Pilot Scheme (“the Scheme”) to introduce registration arrangements for mediation organisations which provide mediation services in the workplace. The Scheme has been developed in cooperation with the Department for Business Enterprise and Regulatory Reform, the Advisory, Conciliation and Arbitration Service (ACAS), the Employment and Workplace Mediation Providers Network Group, and all the organisations currently involved with the development of proposals for the registration of mediation organisations more generally. Its purpose is to assist potential users choose an appropriate mediation organisation to provide their mediator.
ii. At their AGM on 10th December 2008 CMC members authorised the CMC Board to develop and introduce the Scheme so that it will be in place by 1st April 2009. The CMC Board approved this Scheme on 12th February 2009.
iii. The essence of the Scheme is that it is voluntary but ACAS and other organisations concerned with workplace matters will be encouraged to use, and to recommend that others use, a CMC Registered Workplace Mediation Organisation. It will, however, remain entirely a matter for the users to choose which mediation organisation should be engaged.
Note: Clause 1.1 contains an explanation of the mediation organisations who shall be entitled to register as Workplace Mediation Organisations if they so wish.
iv. Mediation organisations encouraged to join the Scheme will be those providing mediation services in any type of workplace dispute in, from, or into England and Wales. Mediation organisations providing such services in, from, or into Scotland are encouraged to join the Scottish Mediation Network and Register (SMN and SMR). There will be clear signposting and links between the CMC and SMR websites. Those operating wholly abroad may also register should they wish.
v. Registration will be for a fee (£300 on initial registration and £75 per annum thereafter to renew) but wholly pro-bono organisations will not be charged.
vi. The fees paid by every registered workplace mediation organisation will go towards paying the costs of employing the CMC Registrar, any additional staff, administration costs and the pages and links on the CMC website, together with the cost of any other arrangements introduced by the CMC in conjunction with the Scheme.
vii. Membership of the CMC and Registration under this scheme are separate. Mediators, workplace mediation organisations who do not wish to register, and training providers will not be registered under this scheme, but they are welcome to be ordinary members of the CMC - as they are now. They will not, however, be eligible to use or display any CMC logo.
viii. For the purposes of this scheme the expression “mediation services in the workplace” means mediations of employment related disputes. Employment related disputes fall into two main categories: workplace mediations deal with disputes where the individual(s) is still an employee of the organization at the commencement of the mediation although a workplace mediation may conclude with a settlement which involves the employee leaving the organisation; employment mediations deal with disputes where the individual(s) is no longer an employee of the organization at the commencement of the mediation, for whatever reason.
1.1 Registration as a CMC Registered Workplace Mediation Organisation under the Scheme will be open to any organisation, company, association, partnership, firm, charity, society, group, or similar body whose purpose or objective includes the provision of mediators for mediations of any description or nature in connection with issues that arise in the workplace, and which meet the requirements of this Scheme.
1.2 Organisations providing only training or other ancillary services will not be able to register under this Scheme.
1.3. Registration will be for a 12 month period: it must be renewed to remain registered.
1.4 Registration and renewal will involve the organisation meeting the “Registration Requirements” and lodging with the Registrar a certificate, under a statement of truth, that the “Registration Information” to be continually displayed or linked on the Scheme’s website is correct and accurate.
1.5 Registration will not be automatic following payment of the “Registration Fee”. The CMC will have the right to decline an application to register if the mediation organisation does not appear to meet the Registration Requirements or fails to lodge the Registration Information with the Registrar.
2. The Registration Requirements
2.1 The Registration Requirements are mandatory. They are:
(a) A minimum of two “Workplace Mediators” (as defined below).
(b) A minimum of £1,000,000 of professional indemnity insurance for the organization, or, in the case of public bodies that self-insure, other appropriate arrangements.
(c) The provision to the CMC’s Registrar of the “Registration Information” to be displayed on the Scheme’s website.
2.2 The following Registration Information will be required to be displayed on a page on the CMC Registered Workplace Organisation Pilot Scheme’s website (which will also link to the organisation’s own website):
A. Basic Registration information
(1) the full name and business address of the organisation;
(2) the organisation’s email and telephone contact details for a personal contact point at the organisation for telephone calls during normal working hours;
(3) the company/charity registration number of the organisation (if any);
(4) the name of the person responsible for the Registration Information;
(5) the year that the organisation began offering workplace mediation services;
(6) the total number of Mediators available for workplace mediation work;
(7) a statement that the organisation and every Mediator it uses are covered by a professional indemnity insurance of at least £1,000,000, or, in the case of public bodies that self-insure, other appropriate arrangements.
B. Practice Information
(8) a statement that its Mediators follow the European Code of Conduct for Mediators or an equivalent code;
(9) details of its internal complaints procedure;
(10) a statement of the minimum amount of training required for a person to be one of its panel Mediators, which shall be not less than a minimum of 24 hours training together with a successful assessment;
(11) a statement of the minimum amount of workplace mediation-specific CPD each panel member is required to undertake annually, which shall be not less than a minimum of 6 hours of such CPD; and
(12) a formal commitment to diversity and anti-discrimination.
C. Mediation Information
(13) the geographic area covered by its panel of Mediators;
(14) the number of Mediators available for these types of dispute.
Definition of a Workplace Mediator
2.3 For the purposes of this Scheme only a Workplace Mediator is defined as a person who has successfully completed the training and assessment process required by the Registered Workplace Mediation Organisation, who has completed at least two full observerships, who is insured and who has complied with the CPD requirements of the Registered Workplace Mediation Organisation.
2.4 “Workplace Mediator” and “Workplace Mediators” shall be read accordingly.
3. The process of registration
3.1 The process for checking the Registration Requirements and Registration Information is devolved to the Registrar supervised by the CMC Officers and ultimately the CMC Board.
3.2 The Registrar, whose contact details are published on the CMC’s website at www.civilmediation.org, will be the point of contact for the Scheme. He/she will hold the hard copy documents.
3.3 The process will operate as follows:
(a) The Registrar will receive the application.
(b) The payment of the due fee (£300 initial fee, £75 renewal thereafter) will be checked and the fee banked.
(c) The Registrar will check required documents – namely the copy of the organisation’s insurance certificate or self-insurance undertaking; the statement that the organisation has at least two Workplace Mediators; and the certificate made under a statement of truth as to the accuracy of the information provided to be displayed on the Registration Information page of the Scheme’s website.
(d) If the required documents appear to be in order the Registrar will notify the applicant that the application has been provisionally accepted and will be confirmed within 28 days as in (f) below.
(e) The Registrar will then add the applicant to a list of such applicants recommended for registration.
(f) The List will be passed to one of the Officers (usually the Secretary unless conflicted) for confirmation.
(g) If the Officer is also satisfied then the Registrar will:
(i) confirm that the fee has cleared;
(ii) notify all the CMC Board Members and the applicant;
(iii) send the applicant a high definition version of the CMC Registered Workplace Mediation Organisation logo for use on their website;
(iv) allocate a Registration Number to the Workplace Mediation Organisation and notify the Workplace Mediation Organisation of that Registration Number;
(v) update the Scheme’s website; and
(vi) update the CMC database records automatically to initiate the renewal of the Workplace Mediation Organisation’s Registration in 11 months.
3.3. If the Registrar believes that an applicant has failed to meet the Registration Requirement or provide all of the Registration Information, the Registrar shall in the first instance ask the applicant for the required information.
3.4. If the applicant still does not in the opinion of the Registrar comply then the Registrar will notify the Secretary (or if conflicted another Officer) of the apparent or supposed problem. The Secretary will then pursue the applicant for the required information.
3.5 If the required information is not forthcoming within 14 days then the Secretary will notify the Officers that an application has been declined (with written reasons) and cause the registration fee to be returned in 28 days if there is to be no appeal.
3.6 If the applicant wishes to challenge the decision of the CMC Officer it may make an appeal. This shall be in writing on paper or by email to the CMC Chairman sent via the Registrar who will acknowledge the same. The CMC Chairman (unless conflicted) will consider the appeal assisted by two different Board Members who are not Officers and not conflicted: this appeal panel shall meet supported by the Registrar. The appellant may have its appeal heard in person or on paper, by telephone, or electronically. The making of an appeal will be deemed to mean that the applicant accepts that the procedure for the appeal in this section is binding.
3.7 The appeal panel at paragraph 3.6 will exercise the full powers of the Board. It will hear the application afresh based on the materials provided to the Registrar, any submissions made and any other documents that in its absolute discretion it shall allow. Their decision will be final and will bind the CMC Board and the appellant.
3.8 If the appeal is dismissed the registration fee will be retained by the CMC.
3.9 If the Chairman or the Vice-Chairman is conflicted in relation to any of their responsibilities under the Scheme, the Vice-Chairman (in the case of the Chairman) or some other Officer of the CMC will perform those responsibilities in their place.
Removal from the register following a failure to renew
3.10 If a mediation organisation fails to renew its registration pursuant to Clause 1.3 at the end of any 12-month period (because it has failed to provide to the CMC the required renewal form supported by a statement of truth and/or because it has failed to pay the fees required of it), the Registrar shall remove its entry from the register, and shall at the same time give it notice to this effect.
Note: The CMC will try its best to prevent this happening: every workplace mediation organisation will be sent an electronic notice to renew by 11 months after the date of its first registration (or its last renewal of registration); and, if necessary, a single postal reminder by first class post six weeks later. If the organisation takes no action within 14 days of the CMC sending the postal reminder, the Registrar shall be at liberty to remove its entry from the register and cause its entry on the CMC website to be removed.
4.1 Once a workplace mediation organisation is registered for a 12-month period it may only be de-registered if it makes a request to that effect or if it is not fit to remain registered because:
(a) It has ceased to trade or operate, has been wound up, or has been dissolved.
(b) It has been placed into liquidation or administration, or has otherwise been declared insolvent by an official body, court, or tribunal.
(c) Its officials, officers, directors or employees of the organisation, or any of them, have been engaged in serious criminal activities in the course of their duties.
(d) Its organisation drops below two Workplace Mediators or its insurance policy, or other appropriate arrangement, is no longer in force;
(e) The registration information it provided is inaccurate or incorrect in a material respect.
Note: The procedure to be followed before an organisation may be found to be unfit to remain registered is set out in Section 5 below.
4.2 Registration may be suspended for up to three months by the Chairman (unless conflicted) acting with an un-conflicted Board Member as an administrative measure if it comes to their notice that: (a) an organisation’s membership drops below two Workplace Mediators; or (b) its insurance policy, or other appropriate arrangements, is no longer in force; (c) the registration information it provided is inaccurate or incorrect in a material respect; but not otherwise.
5. Complaint as to fitness to remain registered
5.1 A complaint under this heading can only be made on the ground that the organisation is not fit to remain registered for one or more of the reasons set out in Clause 4.1 above. This is not a general complaints procedure.
5.2 Any other complaint, for example about an organisation’s service, shall be submitted to the registered organisation’s own complaints procedure.
5.3 Any person, body, or organisation (including a member of the CMC) may make a complaint to the CMC about a Registered Workplace Mediation Organisation’s fitness to remain registered. A complaint about fitness must be made in writing and signed by (or on behalf of) the complainant. It will be addressed to the Secretary.
5.4 A complaint shall not be considered by the CMC unless the nature of the complaint is likely to raise a real rather than merely fanciful question as to the fitness of the Registered Workplace Mediation Organisation to remain registered.
5.5 Any complaint will in the first instance be received by the Secretary who shall notify the Chairman of the receipt of the complaint. The Secretary will then consider the matter on the face of the papers provided. If the matter appears to the Secretary to be frivolous or vexatious, or wholly misconceived, or not a proper matter for the CMC because it does not raise a question as to fitness for registration, the Secretary shall so notify the complainant directing the complainant where appropriate to other relevant potential sources of redress.
5.6 If the complainant is not satisfied by the Secretary’s decision the complainant may request that the Secretary’s decision be considered by the Vice-Chairman of the CMC (unless conflicted) and one other Board Member. Their decision will be final.
5.7 If the Secretary is satisfied that there is a complaint as to fitness to be considered by the CMC but that it is a minor or technical breach the Secretary shall see if the Registered Workplace Mediation Organisation can promptly correct the alleged default, and if the default is corrected, the complaint shall not proceed any further.
5.8 In all other cases, if the matter proceeds and the nature of the complaint is sufficiently stated, the Secretary will require the Registered Workplace Mediation Organisation to provide a formal written response to the complaint within 14 days (unless the time is extended by the CMC). If, however, the Secretary considers that the complaint should be more fully particularised, he will request the complainant to set out the complaint more fully before requiring the written response to be provided.
5.9. When the paperwork is complete, the Secretary shall send the papers to a fitness panel consisting of the Chairman (unless conflicted) and two un-conflicted Board Members to consider the complaint. The procedure adopted shall be in the absolute discretion of the fitness panel, subject to the proviso that the organization shall, when it provides its response, be entitled to request an oral hearing at which it may be represented by a legal or other adviser.
5.10 The fitness panel may decide to:
(a) adjourn the hearing to allow for more evidence to be presented;
(b) dismiss the fitness complaint (stating its reasons);
(c) dismiss the fitness complaint but in so doing make a non-binding recommendation to the Registered Workplace Mediation Organisation;
(d) uphold the fitness complaint (in whole or in part) and suspend the Registration pending compliance by the Registered Workplace Mediation Organisation in some specified way with the registration requirements;
(e) uphold the fitness complaint (in whole or in part) and find the Registered Workplace Mediation Organisation unfit to remain registered, and/or (should it be just) state any reasonable period or conditions to be met before an application for Registration would in future be entertained; or
(f) take such other action as it deems appropriate.
5.11 The decision of the fitness panel will be final.
5.12. Application for Registration will carry an express term that the applicant agrees to be bound by the rules for appeals and complaints as to fitness but this shall not preclude external redress.
6.1 The required forms are annexed to this document. They are also available online. (see Download Link)
7.1 This is the Scheme adopted by the CMC Board on 12th February 2009.