Mediation

The Preliminary Proceedings Committee of the Medical Council is initially responsible for considering complaints about doctors.  The Preliminary Proceedings Committee may give an opinion to the Medical Council that a complaint could be resolved by mediation.

Mediation is a form of alternative dispute resolution. It is a confidential process in which both parties to a dispute try to resolve their dispute with the assistance of an independent third party called a mediator.

The Preliminary Proceedings Committee of the Medical Council is a committee that is initially responsible for considering complaints about doctors.

Mediation can only be used if:

1. The Preliminary Proceedings Committee is of the opinion that the complaint does not warrant referral to the Fitness to Practise Committee of the Medical Council for an Inquiry; and
2. The Preliminary Proceedings Committee is of the opinion that the complaint could be resolved by mediation as a means of restoring the doctor / patient relationship; and
3. The Medical Council refers the complaint for resolution by mediation; and
4. Both the doctor and the complainant agree to the complaint being resolved by mediation.

The Medical Council has prepared Guidelines under section 62 of the Medical Practitioners Act 2007 for the resolution of complaints by mediation. The Guidelines are intended solely to give guidance to the parties to the mediation.

More information can be found here; Mediation Guidelines.pdf