Mediation
Mediation is a form of alternative dispute resolution whereby the parties to a complaint attempt to resolve their complaint with the assistance of an independent third party known as a mediator. The Nurses and Midwives Act 2011 governs how the mediation process works in the context of a complaint to NMBI.
What is the objective of mediation?
The objective is for a complainant and a registrant to reach an agreement that resolves a complaint in a manner that is satisfactory to both parties.
How does the mediation process start?
A complaint must first be submitted to the Preliminary Proceedings Committee (“the PPC”). The PPC is the Committee of NMBI that gives initial consideration to complaints against
registered nurses and registered midwives.
Who recommends if a complaint should be referred to mediation?
The PPC will recommend that a complaint be referred to mediation if it is of the opinion that it is appropriate to do so. Both the complainant and the registrant must consent to mediation before the PPC can recommend that a complaint go to mediation. The Board of NMBI must then agree with the opinion of the PPC before a complaint can be referred to mediation.
Can a complainant request that a complaint be referred to mediation?
Yes, a complainant can request as part of their complaint that it be referred to mediation.
Can a registrant request that a complaint go to mediation?
Yes, a registrant can request that a complaint be referred to mediation.
What happens if one party agrees to a referral to mediation, but the other party does not agree?
The complaint cannot then proceed to mediation as both a complainant and the registrant must consent before a complaint can be referred to mediation.
Can the matter be referred to mediation if neither party requests that the matter be referred to mediation?
The PPC can still recommend that a matter be referred to mediation even if neither party requests the referral. However, both parties must first consent to the referral before the PPC makes the recommendation.
What type of complaints will be referred to mediation?
A complaint may be referred to mediation when the PPC and the Board are of the opinion that mediation may be of assistance to both the complainant and the registrant as a means of restoring the nurse/patient or midwife/patient relationship.
What type of complaints will not be referred to mediation?
The matter will not be referred to mediation when the PPC or the Board is of the view that the subject matter of the complaint is not suitable to mediation or is of the view that it is necessary in the public interest that an inquiry take place.
Who is involved in the mediation process?
In the first instance the complainant, the registrant and the mediator are involved in the mediation process. It is a matter for the complainant and the registrant to decide whether any other person such as a legal representative or an expert witness may participate in the process.
Who are the mediators?
NMBI have a panel of qualified and accredited mediators. A list of mediators will be made available by the Fitness to Practise Department to the complainant and the registrant once written consent to mediate has been received by NMBI.
How long does the mediation process last?
The mediation process can last for a maximum of one day. If the matter is not resolved in a day, the matter concludes.
Who covers the cost of mediation?
The NMBI will pay the professional fee of the mediator and will also provide the facilities where the mediation will take place. NMBI will not be responsible for legal costs incurred, if any, by either the complainant or registrant arising from the mediation process or for any other expenses incurred by either the complainant or registrant party such as travel expenses incurred in attending the mediation or securing the opinion and attendance of an expert witness.
Who arranges the mediation hearing?
Once a mediator is selected from the panel, the Fitness to Practise Department in NMBI will make contact with the mediator and arrange a suitable date, time and venue for the mediation to take place. The Fitness to Practise Department will then communicate the arrangements to both the complainant and the registrant.
Can a solicitor or representative attend?
Yes, provided that it is agreed upon between the complainant, the registrant and the mediator. The complainant and registrant will be responsible for the costs of any solicitor or representative that they chose to use.
Will NMBI be involved in the mediation hearing?
Unless the Board of NMBI is the complainant in a case, no representatives from NMBI will be involved in the mediation hearing. If the Board of NMBI is the complainant, a member of the Fitness to Practise Department will attend.
What happens if an agreement is reached?
It will be a matter for the complainant and registrant taking part in the mediation to agree on the terms of any agreement reached. The mediator will inform NMBI whether or not the complainant and the registrant taking part in the mediation reached an agreement, but no other details of the mediation will be furnished to NMBI as these are confidential.
What happens if either a complainant or a registrant breaches the terms of any agreement?
Should a complainant or a registrant breach the terms of any agreement reached there is no recourse to the disciplinary processes of NMBI and the matter cannot be referred back either to the PPC or to the Fitness to Practise Committee for Inquiry.
What happens if an agreement is not reached?
If an agreement is not reached the matter concludes. There is no recourse to the disciplinary processes of NMBI and the complaint cannot be referred back to the PPC or be considered by the Fitness to Practise Committee for Inquiry.