How your complaint will be handled
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When we have received the letter of "deadlock" and the completed ISO Scheme Complaint Form, including the Confidentiality Provisions section, we will be able to obtain your file from the Participant and make any other necessary enquiries to fully investigate your complaint. By signing the Confidentiality Provisions section of the Complaint form, you also agree to keep all communications between you and the ISO Scheme confidential. When we review the Participant's file, we will decide if your complaint comes within the ISO's jurisdiction.
When we have been provided with the file from the Participant, your complaint will be allocated to a Case Manager. Using all of the information, which has been provided by you and the Participant, the Case Manager will conduct an investigation of your complaint. The Case Manager will contact you to talk about the complaint and may also obtain expert advice if required. It is an inquisatorial process and the Case Manager can make such enquiries as are fair and reasonable in all the circumstances.
The ISO Scheme decide the method and process to be used to resolve the complaint, including: negotiation, conciliation and mediation.
In certain situations, it may be appropriate to try to resolve a complaint in a conciliation arranged by the ISO Office. A conciliation is an informal process which enables both parties to a dispute to openly discuss and identify the relevant issues and move the dispute towards resolution.
Conciliations and mediations are confidential. Nothing said or done during them can be divulged unless agreed by both parties or by force of law. Only a record of the outcome (that is, whether the complaint was or was not resolved, and the details of any settlement) is recorded. A member of the ISO Case Management team who is trained in conciliation/mediation, and is independent of the parties, will act as the Conciliator or mediator. The Conciliator or mediator will facilitate and assist both parties to equally communicate their concerns, and to help generate options for resolution; he/she will ensure that any agreement or resolution is fair and reasonable, and will follow industry practice and the ISO Scheme's Terms of Reference.
More information about conciliations and mediations can be obtained by contacting the ISO Office. See Contact Details.
The Case Manager may resolve your complaint during discussions with you and a settlement will be reached.
If the complaint cannot be settled, the Case Manager will make a decision about your complaint, which will be set out in an Assessment. An Assessment is prepared in consultation with the ISO. It is a written summary of your complaint, the issues involved and a decision about whether or not your complaint has been upheld. If you and the Participant accept the decision, your file will be closed.
If you or the Participant do not accept the Assessment, then either of you can request a Recommendation, which results in a review of the complaint by the ISO. However, a Recommendation can only be requested if there is relevant new information or grounds for doing so. A Recommendation will not be made if the only basis for the request is that you do not agree with the Assessment.
A Recommendation is a written decision made by the ISO, after an Assessment has been issued.
- If you and the Participant accept the Recommendation, your file will be closed.
- If you do not accept the Recommendation, then your file will be closed and you can refer your complaint to a court or any other disputes resolution process. Your rights are not compromised by making a complaint to the ISO Scheme.
If a Recommendation has upheld your complaint and the Participant does not accept the decision within one month of it being issued, then the ISO may make an Award against the Participant. An Award is a binding written decision of the ISO, which sets out the action the Participant is required to take. The Participant must comply with the Award.