ABSTRACT
Whilst the majority of complaints are successfully handled by those charged with doing so, not all are. Local investigation may fail to resolve only a few but these are important to all the parties concerned. Liability may be accepted but quantum (the amount recoverable in damages) might be too low for the plaintiff to obtain Legal Aid. If the case is pursued through the courts, the possibility of a plaintiff in person arises which in most cases leads to poor conduct of the case and high costs. If the plaintiff chooses to pursue the case, the cost will probably be a multiple of quantum and the defence will almost certainly not recover the major part of their expenditure in any circumstances.
It is suggested that the scheme outlined below could beneficially be applied to complaints that fall within the parameters described above. It provides an ‘open investigation’ in a closed environment, and it allows the complainant to feel he has been heard. This defuses most complaints, particularly if an apology is obtained, where appropriate. The whole proceedings are managed on a ‘without prejudice‘ basis. This ensures that nothing arising could be used if the matter should proceed to litigation, a most unlikely event. It is also possible to build in a confidentiality clause (see above under ‘Mediation’).
