Complaints Procedure

Complaints Procedure of Mediation Practice Richard Walraven

Version 1.0
Effective date: 1 July 2026

Article 1. Purpose of the complaints procedure

Richard Walraven is committed to a careful, independent and professional execution of every mediation.

When a participant is not satisfied with the mediator's actions or omissions, he or she may use this complaints procedure.

The purpose of the procedure is to discuss complaints in a careful, confidential and accessible manner and, where possible, to resolve them together.

Article 2. Definitions

In this complaints procedure, the following definitions apply:

Mediator: Richard Walraven, acting under the name Mediation Practice Richard Walraven.
Complainant: a participant in a mediation, a former participant or a client who files a complaint about the actions or omissions of the mediator.
Complaint: a written expression of dissatisfaction about the way the mediator has carried out their work.
Complaints handler: mr. Vincent Besters, who can be engaged as an independent external complaints handler.
Mediation: the process in which the mediator guides parties in discussing and resolving their conflict or dispute.

Article 3. What can a complaint be about?

A complaint may relate to, among other things:

the way the mediator guided the mediation;
the mediator's communication;
the independence, impartiality or neutrality of the mediator;
the care taken in the preparation or execution of the mediation;
the handling of confidential information;
the provision of information about the working method, costs or terms;
the invoicing;
any action or omission of the mediator before, during or after the mediation.

The complaints procedure is not intended to assess a substantive dispute between participants in the mediation.

The complaints procedure also cannot be used to have the validity, interpretation or execution of an agreement or settlement agreement concluded between the parties assessed. Parties may seek legal advice for this purpose or turn to the competent court.

Article 4. Discussing the complaint first

A complainant is invited to discuss their dissatisfaction with the mediator as soon as possible. A personal conversation can clarify misunderstandings and often offers the opportunity to reach a solution together.

The complainant is not obliged to have a verbal conversation with the mediator first. A complaint can also be submitted in writing directly.

When the complainant does not feel free to discuss the complaint directly with the mediator, he or she may turn directly to the independent complaints handler, mr. Vincent Besters.

Article 5. Filing a complaint with the mediator

A complaint may be submitted in writing or by email to:

Richard Walraven
Zwarte Mees 14
1423 NJ Uithoorn
Email: info@mediationvoorondernemers.nl

The complaint preferably includes:

the complainant's name and contact details;
the date or period to which the complaint relates;
a clear description of the complaint;
the name or reference of the mediation in question;
any documents relevant to the handling of the complaint;
a description of the solution the complainant envisages.

A complaint may be filed during the mediation or within twelve months after the mediation has ended.

A complaint filed later may still be handled if the complainant could not reasonably have been aware of the relevant event earlier, or if special circumstances give cause to do so.

Article 6. Handling by the mediator

The mediator confirms receipt of the complaint within five working days.

Within fifteen working days of receiving the complaint, the mediator contacts the complainant. The mediator may invite the complainant for a conversation or respond to the complaint in writing.

The mediator:

takes the complaint seriously;
gives the complainant the opportunity to elaborate on the complaint;
provides an explanation of their actions;
investigates whether a solution is possible;
confirms in writing what agreements have been made.

When more time is needed for handling, the mediator informs the complainant. The mediator states the reason for the delay and the period within which a response can be expected.

Article 7. Engaging the independent complaints handler

When the complaint is not resolved satisfactorily, the complainant may submit the complaint to:

mr. Vincent Besters
Independent complaints handler
Willem Fenengastraat 16E
Building 'The William'
1096 BM Amsterdam
Email: besters@avo-advocaten.nl

The complainant may also turn directly to mr. Vincent Besters when:

the complainant does not feel free to discuss the complaint with the mediator first;
the complaint concerns a possible breach of confidentiality;
the complaint concerns the independence or impartiality of the mediator;
direct handling by the mediator is reasonably not appropriate.

The complaints handler assesses at the outset whether they can handle the complaint independently and without a conflict of interest.

When mr. Vincent Besters cannot handle the complaint independently, another independent complaints handler is appointed in consultation with the complainant and the mediator.

Article 8. Role of the independent complaints handler

The complaints handler is independent and does not take sides for either the complainant or the mediator.

The complaints handler:

studies the complaint and the mediator's response;
gives both the complainant and the mediator the opportunity to explain their perspective;
may conduct separate or joint conversations;
investigates whether the complaint can be resolved by mutual agreement;
may formulate points of attention or recommendations;
records any agreements in writing;
concludes the handling with a written message to the complainant and the mediator.

The complaints handler cannot make a binding decision, cannot award compensation, and cannot impose any disciplinary or other sanction.

The complaints handler does not act as a lawyer, legal advisor or representative of the complainant or the mediator.

Article 9. Timeframe for external complaint handling

The complaints handler confirms receipt of the complaint as soon as possible and preferably within five working days.

The complaints handler aims to complete the handling within six weeks.

When this period is not feasible, the complaints handler informs the complainant and the mediator. The complaints handler states the reason and the expected period within which the complaint will still be completed.

The handling may be temporarily suspended with the consent of the complainant and the mediator when the parties are in discussion about a possible solution.

Article 10. Confidentiality

The complaint is treated confidentially.

The confidentiality that applies to the mediation remains in force during and after the complaints procedure.

Information from the mediation is used only insofar as this is necessary for a careful handling of the complaint.

By submitting a complaint to the independent complaints handler, the complainant agrees that the complaint, the mediator's response and the information necessary for handling the complaint will be shared with the complaints handler.

The mediator does not share confidential information of other participants in the mediation, unless:

these participants have given express consent for this;
sharing the information is permitted under the mediation agreement;
there is a legal obligation to provide it.

When certain information cannot be shared due to confidentiality, the complaints handler handles the complaint on the basis of the information that is available.

The independent complaints handler is bound by confidentiality.

The complainant, the mediator and the complaints handler do not use information from the complaints procedure for other purposes, unless the law requires it or the information is necessary for legal proceedings.

Article 11. Continuation of the mediation

Filing a complaint does not automatically mean that the mediation is terminated or suspended.

The mediator discusses with the participants whether the mediation can be continued in a careful manner during the handling of the complaint.

Any participant and also the mediator may decide to terminate the mediation when there is insufficient trust to continue.

Filing a complaint does not suspend payment obligations, statutory deadlines and limitation periods.

Article 12. Costs

Handling a complaint by the mediator is free of charge.

The costs of the independent complaints handler are borne by the mediator, unless otherwise agreed in writing in advance.

The complainant and the mediator each bear their own costs when they are assisted by a lawyer, advisor or other expert.

Article 13. Conclusion of the complaint

The complaint is handled when:

the complainant withdraws the complaint;
the complainant and the mediator reach agreement on a solution;
the mediator has responded to the complaint in writing and the complainant does not wish further handling;
the independent complaints handler has completed the handling in writing;
continuation of the handling is reasonably not possible.

Any agreements between the complainant and the mediator are confirmed in writing.

The mediator may take measures following a complaint to improve their working method, communication or service.

Article 14. No MfN complaints procedure or disciplinary law

Richard Walraven is not enrolled in the MfN register at the time this complaints procedure takes effect.

This complaints procedure is an own complaints procedure of Mediation Practice Richard Walraven. It is not the complaints procedure of the MfN register.

A complaint under this procedure is not handled by the MfN register or the Foundation for Disciplinary Law for Mediators.

When Richard Walraven is enrolled in the MfN register at a later time, the complaints procedure that applies will be determined based on the date of the mediation and the conditions then in force.

Article 15. Other legal options

This complaints procedure does not limit the right of the complainant or the mediator to seek legal advice or to submit a dispute to the competent court.

The complaints handler does not make a binding decision on civil liability, compensation, criminal offences or the legal validity of agreements.

When a complaint may relate to a criminal offence, the complainant may report it or file a complaint with the police.

Article 16. Personal data and complaint file

The mediator and the complaints handler process personal data only for the handling and registration of the complaint.

The complaint file is kept separately from the substantive mediation file.

Only the mediator, the complaints handler and any persons necessarily involved in handling the complaint have access to the complaint file.

The complaint file is not kept longer than necessary. As a general rule, a retention period of two years after completion of the complaint applies.

The file may be kept longer when this is necessary in connection with legal proceedings, a possible liability claim or a legal obligation.

More information about the processing of personal data is included in the privacy policy of Mediation Practice Richard Walraven.

Article 17. Establishment and amendment

This complaints procedure was established by Richard Walraven on [date to be filled in].

The mediator may amend the procedure when developments in practice, legislation or registration give cause to do so.

In principle, the complaints procedure that applied on the date the mediation in question started applies to a complaint. The complainant and the mediator may jointly agree to the application of a more recent version.

Richard Walraven

Richard Walraven