516   Mediation of hybrid complaint

(1)  This section applies to a complaint that involves both a consumer dispute and an issue of unsatisfactory professional conduct or professional misconduct.

(2)  If the Commissioner, or the Council by which a complaint is made or to which a complaint is referred for investigation, considers that the whole or a part of the consumer dispute is capable of resolution by mediation, the Commissioner or Council may suggest to the complainant and the Australian legal practitioner to whom the complaint relates that they enter into a process of mediation.

(3)  If the complainant and the practitioner agree to enter into a process of mediation in connection with the consumer dispute:

(a)  the Commissioner or Council may refer the complaint to mediation, and

(b)  so far as it involves an issue of unsatisfactory professional conduct or professional misconduct, the complaint is to continue to be dealt with under this Chapter, and

(c)  no further action is required on the consumer dispute to the extent that it is referred to mediation, except as provided by section 518 (Facilitation of mediation) and except so far as the consumer dispute is relevant to determination of the complaint.

Note. The complaint may be withdrawn under section 512 (Withdrawal of complaints) if the matter is resolved by mediation.