Conciliating a complaint
Conciliation is a good way to resolve particularly complex complaints, as it has many benefits.
It is free: Conciliation is a good alternative to the more formal and costly legal action, especially when there is a claim of negligence or personal injury against you. You can choose to have your lawyer present. Where there is a claim for compensation, we will advise you to seek advice from your medical insurer or lawyer.
It is confidential: Anything said or information given during conciliation cannot be used as evidence in a court, tribunal or by a disciplinary body.
It is impartial: Our experienced conciliators are present to help progress dialogue, not take sides.
It is flexible: Conciliation can take different forms, depending on your preferences. For instance, conciliation can be conducted through:
- face-to-face meetings at convenient locations
- teleconferencing
- letters, emails or faxes.
It is voluntary: you can choose to withdraw from conciliation at any time.
Likely outcomes
- Explanation - the complainant is satisfied with a detailed explanation of what happened and why. This can often resolve a dispute.
- Changes in policy or procedure - through listening to the complainant and discussing their concerns, you may recognise problems with your processes or policies and then undertake to correct them. This can prevent the same thing happening to another patient, as well as improve the quality of your service.
- Apology - you acknowledge that there were deficiencies in your practice and apologise for any harm caused. Apologies and acknowledgements cannot be used against you in court or other proceedings.
- Financial settlement - a complainant may want to use conciliation to discuss their wish to be compensated. This must be negotiated and agreed by both parties. Your conciliator cannot decide or award compensation. If a complainant indicates a wish to be compensated we will recommend you seek advice from your medical insurer or lawyer.
- Take no further action - if full agreement can't be reached.
- Investigation - we have the right to investigate serious matters that arise in conciliation, regardless of the outcome.
- Refer complaint - we can refer on to an external agency or registration board.
If conciliation does not resolve the complaint, the complainant still has the right to take legal action, but there are strict timeframes.