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Conciliation

Conciliation

The Legal Profession Conduct Commissioner’s office offers a confidential conciliation service.

This service is voluntary, impartial and flexible for both complainants and practitioners and involves an accredited and experienced conciliator working with both parties to help resolve a complaint.

The service is offered following receipt of a written complaint about a practitioner’s conduct or the fees charged.  If you are notified that there has been a complaint about your conduct or the fees you have charged, and you believe that you may be able to resolve the complaint, you can request a conciliation.

The Commissioner's conciliator will:

  • manage the process, decide how conciliation will proceed and who will attend;
  • speak to you and the complainant about the complaint to narrow the issues in dispute;
  • assist in working towards a resolution of the issues; and
  • assist to record any agreement reached.

The conciliator will also determine whether any parts of a complaint warrant investigation into a your conduct.

The Commissioner offers both formal and informal conciliation.

The Commissioner’s conciliation service is confidential.

Nothing said in the course of conciliation can be given as evidence in any proceedings (unless it is evidence of a criminal offence).  The Commissioner's conciliators operate independently from the investigators. Anything communicated during conciliation will not be disclosed to an investigator.

What outcomes might you expect from conciliation?

Conciliation offers a broad range of outcomes appropriate to the nature of the dispute and limited only by the willingness of the parties.  Common outcomes include:

  • an explanation;
  • an apology;
  • the return of documents;
  • a reduction in legal fees; and
  • a refund of money already paid.