May 1st 2019

FAQ: This is all About Fee Avoidance, So Should We Delay Debt Recovery with Mediation?

Some complaints are about fee avoidance, and establishing this early is important. If a fee remains outstanding, it is important for a practice to find out why. 

If the client does not share any dissatisfaction with the practice at the time of treatment/attendance at the practice, and subsequently raises an issue when debt recovery action is taken, then a practice will argue that the complaint is linked more to avoiding payment than a genuine issue. 

There are occasions when the concerns raised are genuine but the client has been burying their head in the sand, or has been too upset to raise the issue. In mediation via the VCMS, we will seek to establish this early on. 

It is also fair to say that clients who trust the practice and are happy with the care provided, will pay. 

If the concerns raised are then explored and then resolved or dropped by the client, agreements can be reached to pay the outstanding fees. 

If mediation is unsuccessful, the practice can pursue debt recovery action. Under the court rules, parties must show they have tried alternative dispute resolution (ADR), and the VCMS will meet that requirement. 

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