Mediation
Introduction
In order to facilitate relationships between clients/patients and psychologists, the Commission of Psychologists supports the mediation process whenever possible.
Mediation aims to resolve disagreements involving a patient/client and a psychologist registered with the Commission through dialogue, whether the disagreement arises in a therapeutic relationship or another professional context (commercial, hierarchical, etc.).
Mediation can sometimes provide a better solution for both the client/patient and the psychologist who feels wronged, especially when the complainant's primary goal is not to punish a behavior (the goal of a disciplinary procedure) but to engage in a dialogue about a behavior that is being questioned.
The points covered on this page detail the mediation procedure, the conditions for requesting it, and the potential effects of the process.
What is a mediation?
The psychologist and the client/patient enter into a dialogue together to try to find a solution to the conflict between them. The discussion is supervised by an accredited mediator, i.e. one recognised by the Federal Mediation Commission. This person is neutral and trained in communication techniques. He or she will ensure that dialogue is maintained to help find a solution that satisfies both parties.
The mediator does not judge, pronounce sanctions, or protect the interests of any party. Their role is purely to facilitate communication and debate between the parties in a neutral and objective manner.
Unlike disciplinary proceedings, there is no predefined list of possible sanctions or agreements. The parties must reach a mutual solution on their own.
This process is voluntary and therefore requires the consent of both parties. It also means that either party can end the mediation at any time.
What factors should be considered when requesting a mediation?
The mediation process can only take place if one of the parties is a psychologist registered with the Commission of Psychologists.
Mediation can occur at any time. You can request mediation even if disciplinary proceedings have begun or other legal procedures are ongoing.
ComPsy covers a flat fee of up to €250 (including taxes) for the mediation process. The remaining costs are borne by the parties. By law, the mediation fees and the mediator's fees are equally shared between the parties, although they may agree on a different arrangement.
We would remind you, however, that anyone is free to initiate mediation at any time, without recourse to our intervention. Thus, if these conditions do not suit you, you are free to initiate a mediation procedure on your own, independently of any intervention by the Commission des Psychologues.
How to request mediation?
To request mediation, the patient/customer must complete a form and send it (by e-mail or post):
- by e-mail to mediation@compsy.be
- By post: Service d'étude, Commission des Psychologues, Avenue des Arts 3, 1210 Brussels.
The ‘reply’ form is intended for the other party, i.e. you: the psychologist. You can fill it in and send it back to us at the above addresses.
How does a mediation take place?
Once the parties have agreed to participate in a mediation, the process can begin. The parties, with the mediator's help, define the terms of the mediation and its duration.
The parties are free to be accompanied by legal counsel (lawyer), or by an interpreter/translator. We recommend discussing this with the mediator in advance.
Mediation can end at any time at the request of either party, even if the process is not complete.
It is important to emphasize that mediation is a participatory process requiring cooperation from both parties. If the mediator finds that at least one party shows no interest in continuing the mediation or behaves inappropriately, they may end the process.
Similarly, if one party believes before the first session that it would be preferable to change the mediator, due to serious doubts about their impartiality, they should inform the mediator and the other party to arrange a replacement as quickly as possible.
The mediator
The parties can appoint ComPsy as the third party responsible for appointing a mediator. Alternatively, they may choose their own mediator and provide their details to the Commission of Psychologists to facilitate payment of the flat fee. In all cases, the mediator remains fully independent and is not accountable to the Commission of Psychologists.
The mediator is neutral and impartial at all times.
Please note, the mediator is not a conciliator! Their role is to guide the parties towards a solution, but they do not propose solutions themselves. The mediator ensures that the solution the parties reach is realistic and feasible, and that any agreement complies with public order regulations.
Confidentiality of the mediation
All information shared during mediation is confidential. The parties agree to respect this condition for anything that is produced, written, or said during the mediation. The mediator is also bound by professional confidentiality.
If the parties are assisted by legal counsel, they too are bound by confidentiality.
ComPsy will, of course, not be informed of this information.
Impact of a mediation on a potential disciplinary procedure
In accordance with the requirement of confidentiality, the content of the mediation, both what was said during the mediation and any document or item produced during the mediation, remains secret and may not be taken outside the framework of the mediation. Even in the case of disciplinary proceedings, revelations and elements that were only produced during mediation cannot be presented during disciplinary proceedings.
For more information on mediation, you can send your questions to: mediation@compsy.be
