Overview

Brief Overview of TMCA’s Grievance Process

The following is a brief overview of the grievance process of TMCA as set out in its Grievance Rules and Procedures and does not contain the full text of all of provisions and requirements. Links to a more detailed summary of the TMCA Grievance Rules and Procedures, the complete text of the Rules and Procedures, and a Grievance Form are below.

Words beginning with an upper case letter, with the exception of headings and titles, indicate defined terms in the TMCA Grievance Rules and Procedures (Rules and Procedures).

1. TMCA’s Grievance Process may be applied only to a mediator who was credentialed by TMCA at the time the mediation occurred.
2. All grievances are initiated by sending to TMCA a completed Grievance Form within the time period specified in the Rules and Procedures. 
3. Upon receipt of a properly completed Grievance Form, the Complainant will be given the opportunity to challenge the qualifications of Grievance Committee members and additional information, including Waivers of Confidentiality from all Participants in the Mediation, will be requested.
4. When the Committee is satisfied that all questions regarding Waivers of Confidentiality have been addressed by the Complainant, the Respondent will be notified and given the opportunity to challenge the qualifications of Grievance Committee members and the sufficiency of the Waivers of Confidentiality.
5. When the questions of both the Complainant and the Respondent have been settled to the satisfaction of the Committee, the Chair of the Committee will convene a Just Cause hearing. Both the Complainant and Respondent have the right to attend and to be heard at the hearing and to be represented by counsel.
6. If a finding of Just Cause is not returned from the hearing, the Complaint is dismissed pending any specified appeal by the Complainant.
7. If a finding of Just cause is returned from the hearing, a hearing on the Complaint will be scheduled.
8. The Grievance Committee may recommend Mediation of the matter prior to the hearing on the Complaint.
9. At the hearing on Complaint, parties will have the opportunity to provide evidence in the form of witness testimony and written documentation and to be represented by counsel.
10. The Grievance Committee will provide notice to the Complainant and the Respondent of findings of facts, conclusions and any Sanctions. Parties have the right to appeal to the TMCA Board within 30 days.
11. In the absence of an appeal, the decision of the Committee become final in 30 days following the notice of the decision.
12. Publication of removal of Credentialing or non-probated suspension of Credentialing will be made on the TMCA website.
13. A Respondent who receives an adverse decision will have the right to have probated suspension of Credentialing revoked or to have a Credential reinstated under the terms set forth in the Rules and Procedures.

For a summary of TMCA's Grievance Process, click here.

To review and print a Grievance Form, click here.

To review and print TMCA's Grievance Rules & Procedures, click here.