Peter Causton examines the new mediation regime for handling complaints against lawyers
From 1 October 2015 there is a new way of dealing with complaints about lawyers: Mediation. All legal service providers, including solicitors and barristers, in the UK must offer consumers an independent certified alternative dispute resolution (ADR) provider to deal with any contractual disputes, following the conclusion of the internal complaints process. This can include mediation. The new rules coincide with the introduction of the new Consumer Rights Act 2015, which provides new grounds for complaint against professionals.
For lawyers, they might have been forgiven for thinking that their obligations stop when they have provided their clients with details of the statutory complaints body, the legal ombudsman and their internal complaints procedure, but in fact lawyers need to provide details of a certified ADR provider as well.
Complaints handling
The Solicitors’ Code of Conduct sets out the requirements for complaints handling, including having a written complaints procedure which: (a) is brought to clients’ attention at the outset of the matter; (b) is easy for clients to use and understand, allowing for complaints to
