Complaints Procedure | Batelaan Advocatuur & Mediation

Article 1 definitions

In this office complaints procedure, the following terms shall have the following meanings:

• complaint: any written expression of dissatisfaction by or on behalf of the client towards the lawyer or the persons working under their responsibility regarding the formation and execution of a contract for services, the quality of the service, the amount of the invoice, or the performance or offering of extrajudicial debt collection activities, not being a complaint as referred to in Section 4 of the Dutch Counsel Act (Advocatenwet);
• complainant: the client, their representative, or a third party with a direct interest who makes a complaint known;
• complaints officer: the lawyer responsible for handling the complaint;

Article 2 scope of application

1. This office complaints procedure applies to every contract for services between Batelaan Advocatuur & Mediation and the client.
2. Complaints from a debtor regarding Batelaan Advocatuur & Mediation as a provider or performer of extrajudicial debt collection activities also fall within the scope of this complaints procedure, as referred to in Article 4, second paragraph, sub b, and Article 13, fifth paragraph, of the Debt Collection Services Quality Act.

Article 3 objectives

The purpose of this office complaints procedure is:

1. to establish a procedure to handle client complaints in a constructive manner within a reasonable period;
2. to establish a procedure to determine the causes of complainants’ complaints;
3. to fulfill a legal obligation, and to maintain and improve existing relationships through proper complaint handling;
4. to train employees in responding to complaints in a client-oriented manner;
5. to improve the quality of service through complaint handling and complaint analysis.

Article 4 information at the start of the service

1. Before entering into the contract for services (or, in the case of extrajudicial debt collection, before providing services to the debtor), the lawyer shall inform the party concerned that the firm employs an office complaints procedure and that it applies to the services provided.
2. Batelaan Advocatuur & Mediation has specified in the written confirmation of the assignment which independent party or body a complaint that remains unresolved after handling can be submitted to for a binding decision.
3. Complaints as referred to in Article 1 of this office complaints procedure that remain unresolved after handling shall be submitted to the Dean of the Bar in The Hague.

Article 5 internal complaints procedure

1. If a complainant approaches the office with a complaint, the complaint shall be forwarded to mr. A. Schaberg, who shall act as the complaints officer.
2. The complaints officer shall notify mr. N.J. Batelaan of the submission of the complaint and shall give the complainant and mr. N.J. Batelaan the opportunity to provide an explanation of the complaint.
3. Mr. N.J. Batelaan shall attempt to reach a solution together with the complainant, whether or not after intervention by the complaints officer.
4. The complaints officer shall handle the complaint within four weeks of receipt or shall notify the complainant of any deviation from this term, stating the reasons and the period within which an opinion on the complaint will be provided.
5. The complaints officer shall inform the complainant and mr. N.J. Batelaan in writing of the opinion on the merits of the complaint, which may be accompanied by recommendations. If the complaint has been settled satisfactorily, the complainant, the complaints officer, and mr. N.J. Batelaan shall sign the opinion on the merits.

Article 6 confidentiality and free of charge complaint handling

1. The complaints officer and mr. N.J. Batelaan shall observe confidentiality during the complaint handling process.
2. The complainant shall not owe any compensation for the costs of handling the complaint.

Article 7: Responsibilities

1. The complaints officer is responsible for the timely handling of the complaint.
2. The person against whom the complaint is directed shall keep the complaints officer informed of any contact and a possible solution.
3. The complaints officer shall keep the complainant informed about the progress of the complaint handling.
4. The complaints officer shall maintain the complaint file.

Article 8: Complaint Registration

1. The complaints officer shall register the complaint along with the subject of the complaint.
2. A complaint may be classified into several subjects.
3. The complaints officer shall report periodically on the handling of complaints and make recommendations to prevent new complaints and improve procedures.
4. Once a year, the reports and recommendations shall be discussed at the office and presented for decision-making.