THE Lawyers Complaints Service, under the Lawyers and Conveyancers Act 2006 (LCA), is compiling a panel of voluntary mediators from throughout New Zealand who are prepared to be available to assist the standards committees, and the profession, in resolving complaints. Mediators are sought particularly from the Auckland region.
To be eligible to serve in this way, practitioners must have received appropriate training in mediation such as by AMINZ or LEADR.
Because of the importance of mediation in running a successful complaints service, the NZLS is considering whether it might provide some training for mediators focusing on the particular context in which these mediations might arise.
Under s143 of the LCA, a standards committee will be able to direct parties to a complaint to explore the possibility of resolving the complaint (or parts of it) by negotiation, conciliation or mediation, and to report back to the committee.
There is no power to compel the parties to undergo this process and a standards committee must not give such a direction if it would not constructively contribute to resolving the complaint, would not be in the public interest or would undermine the urgent nature of the complaint. The direction may be given at any time during an inquiry. Any settlement reached may become all or part of a standards committee's final determination.
If you willing to assist and would like to be considered for appointment to the panel, please contact Mary Ollivier, Complaints Manager, NZLS, DX SP20202 or PO Box 5041, Lambton Quay, Wellington 6145, tel (04) 463 2956, fax (04) 463 2984, email mary.ollivier@lawyers.org.nz.