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Mediation

Introduction

A number of routes are available for Supply Chain Partners (SCPís) wishing to raise a specific complaint about a Prime Providerís non-compliance with the Merlin Standard.

Please note the Mediation process is only open to those Sub-Contractors who are part of a DWP supply chain.

Individual Complaints

It should initially be established by carefully considering the criteria that makes up the Merlin Standard whether a breach of the Standard has occurred, recognising that it is a standard of behavioural excellence that does not seek to influence commercial decisions.

The first route for Supply Chain Partners is to raise a complaint with the Prime Contractor direct, following the Primes complaints procedure. It is generally advisable to seek to address any concerns cordially through dialogue wherever possible, with reference to Merlin Standard criteria as appropriate.

All DWP Prime Contractors have a documented Dispute Resolution Procedure in place that should be requested and followed by SCPs wishing to pursue a formal complaint of breach of the Merlin Standard, and before submitting any application for Mediation.

There may be times when an acceptable resolution cannot be reached and DWP has put in place the Merlin Mediation Service for such instances.

The Independent Case Examiner (ICE) delivers the service at no cost to either party. ICE is completely independent, and separate from the Merlin Standard Assessment and Accreditation Service, ensuring that the Mediation Service is impartial.

The service has been designed to achieve a satisfactory outcome for both parties by agreement; it is - without prejudice to a sub-contractor or Primeís statutory rights - unable to accept complaints or disputes that are or have been the subject of legal action.

It is open to actual and/or prospective supply chain partners wanting to raise a grievance against a DWP contractor (accredited or seeking accreditation against the Merlin Standard, whether as a mandatory contractual requirement or on a voluntary basis) in relation to any alleged breach of the Merlin Standard where the Primeís own dispute handling processes have failed to achieve resolution.

DWP Prime contractors are bound both contractually and in order to demonstrate compliance with the Merlin Standard, to participate in mediation and adhere to agreed outcomes.

The outcome of mediation will be automatically notified to the DWP Account Manager and to emqc Ltd, the DWP appointed Merlin Assessment and Accreditation body, and will be taken into account in the ongoing review of contract compliance and Merlin accreditation status.

The outcome of any litigation can also be notified for this purpose.

SCPs also have the opportunity to request that they are interviewed as part of a Prime Contractorís Merlin Assessment, the information provided to the assessors forming part of the range of evidence considered to inform the accreditation outcome; the final decision on the representative sample of SCPs to be interviewed rests with the lead assessor.

DWP have made the following guidance available regarding the Mediation Service:


  • Merlin Mediation Process Guidance

  • In addition, you will be required to complete a Merlin Standard Complaint Report.

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