An ODACC Quality Assurance Team (the “QA Team”) will address any complaints or concerns raised about its Adjudicators, ODACC, or ODACC’s services. The ADR Chambers Ombudsman Office will form part of the ODACC QA Team.
The complaints process provides a process for independent investigation of complaints, and timely resolution to the complaints. The QA Team will investigate issues raised, reach conclusions, and implement any appropriate remedies.
The Complaints Process
1. Receipt of Complaints
All complaints must be submitted in writing through the complaint form available at the following link: Complaints Form and should contain:
- The full name of the complainant;
- The contact information for the complainant (home address, email, phone number(s));
- The nature of the complaint (against Adjudicator, ODACC or ODACC’s services);
- The name of the Adjudicator about whom the complaint is made, if applicable;
- The adjudication file #, if applicable;
- The dates when the activity that is the subject of the complaint occurred; and
- A description of the complaint.
ODACC will confirm receipt of the complaint within two (2) business days following receipt of the complaint.
The complaint will be forwarded to the QA Team, which will determine within two (2) business days of receiving the complaint whether an investigation is necessary and appropriate.
If the QA Team determines that an investigation is not necessary, it will inform the complainant of its decision not to proceed with an investigation and provide reasons for its decision.
If the QA Team determines that an investigation is necessary, it will appoint an investigator. The investigator will:
- Gather information from the complainant;
- Gather information from the Adjudicator, if applicable;
- Review any documents and other written material submitted; and
- Prepare a brief written report setting out facts, analysis, and recommendations.
The investigator will provide recommendations to the QA Team within ten (10) business days of receiving all material from the complainant (i.e., within ten days of the complaint being fully made).
The QA Team will make a decision about the appropriate resolution of the complaint (i.e., whether or not corrective action is necessary). If the QA Team determines that corrective action is necessary (i.e., in a complaint against an Adjudicator), it may require that the Adjudicator take the corrective action before conducting any further adjudications. The Adjudicator may be required to complete further training, for example.
The QA Team may decide to suspend an Adjudicator’s Certificate for a specified amount of time. The QA Team is also authorized to cancel an Adjudicator’s Certificate entirely and remove an Adjudicator from the Adjudicator Registry, if appropriate.
3. Response to Complainant
The QA Team will inform the complainant in writing of its resolution to the complaint.
4. Tracking and Reporting
ODACC will track complaints about individual Adjudicators and collectively. This information will be used to provide feedback to individual Adjudicators and to shape the content of Adjudicators’ ongoing training. ODACC will report in writing to the Ministry of the Attorney General for Ontario regarding complaints received by ODACC and the resolutions made for those complaints.