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06 November 2015 / Peter Causton
Issue: 7675 / Categories: Features , Profession
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Handling the critics

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

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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