Mediation
We recommend mediation as the first and best option for resolving the matter.
There are several complaints that can be easily resolved if all parties discuss the dispute around a table with the assistance of a third party. This is called mediation. It is a process that involves the parties to a complaint to reach a shared understanding of the complaint and work towards reaching a solution.
Mediation:
- is a carefully managed process where a mediator appointed by the OAFS will ensure that the process is fair.
- is an informal and confidential process, conducted in private. Anything said cannot be used in any later investigation of your complaint.
- is quicker than an investigation and adjudication (the process that follows mediation).
- can save time and effort for all involved.
- is voluntary; both the complainant and the provider must agree to take part and both can end it at any time.
Mediation is normally held in person at our offices in Floriana (Malta) or via telephone conferencing. Due to the COVID-19 pandemic, we have temporarily suspended "in-person" mediation. Instead, mediation is being carried out via two video conference applications: Zoom and/or Teams. Further information by the mediator will be provided at the opportune time.
The Mediator
The mediator is independent and does not act for, or side with, either the complainant or the provider. The mediator will not impose a solution or oblige either or both of the parties to accept or reject an offer. Instead, he or she will facilitate the efforts of both parties to find a solution that is acceptable to both parties.
The agreement
For mediation to be successful, any solution reached must be agreed to by the complainant and the provider.
If the complainant and the provider agree to a settlement during mediation, what has been agreed will be written down and communicated to the Arbiter for Financial Services. Once it has been signed by both parties, and accepted by the Arbiter, that agreement becomes legally binding on both the complainant and the provider. The agreement remains confidential and the dispute is concluded. The complaint fee of €25 is reimbursed to the complainant.
Likewise, if the complainant decides to withdraw the complaint, they would need to inform the Arbiter in writing who shall issue an order for the termination of the complaint procedures. Here, too, the complaint fee of €25 is reimbursed to the complainant.
If no agreement is reached (and mediation is thus unsuccessful), the complaint will go to investigation and adjudication.