Mediation Case Studies

Family Assets

A dispute had arisen between family members who collectively owned 40 plus properties valued in the millions of pounds following the sudden death of a senior family member. The dispute was heading for what would have been a very expensive 3 week trial in the High Court.

I successfully mediated a settlement and avoided a very costly and time consuming trial As a result a considerable portion of the family's assets were preserved for the family which would otherwise have gone to pay legal costs. Just as importantly, the family who up until then had been estranged and hostile, were able to begin rebuilding a relationship. All members of the family were very pleased at the outcome.

Comment:- Disputes between family members over family assets can be very costly in money, time and the impact on family relationships. In such cases mediation should always be considered early on as an alternative to litigation. Even when the assets are substantial, they will be less so once the dispute has been through the courts.

Landlord and Tenant

I mediated a settlement between a Landlord and Tenant where there was a considerable claim by the Landlord for dilapidations in respect of the Tenants use and occupation of the property. This was an extremely difficult situation due to a strong personal relationship between the Landlord and Tenant which had completely broken down. I encouraged both parties to enter into a dialogue which eventually ended in an agreement being reached which both parties were happy with.

Comment:- Landlords and their tenants may well be stuck with each other for the foreseeable future. An amicable settlement of differences through mediation is invariably better for both than a fight through the courts which will damages their finances and sour their relationship.

Marital Breakdown

I have informally mediated marital breakdown disputes between husbands and wives where they have then achieved both a financial and practical resolution to their matrimonial breakup.

Employers and Employees

I mediated a dispute between an employee who was claiming that she had been sexually and racially harassed by another member of staff and that the employer had not taken any steps to protect her and had failed to intervene, investigate her grievance and to undertake a disciplinary procedure. In consequence, the employee left the employment and initiated an Employment Tribunal Claim. The employee was a very valued member of staff and the mediated settlement exceeded in resolving the dispute and achieved a result that was acceptable to all sides.

Buidling Disputes

A dispute arose between a site owner and a builder who had undertaken extensive works on the property some of which had not been carried out to the highest standards. It was a substantial claim which the site owner intended to pursue against the builder through the courts. I undertook a lengthy mediation as a result of which the dispute was settled when the builder agreed to waive his claim for a final payment.

Comment:- Building disputes are notorious for their tendency to generate legal costs at an alarming and disproportionate rate. They are exactly the kind of dispute where, regardless of the result of any court proceedings, both sides end up as losers. It is exactly this kind of kind of dispute where mediation really shines. The savings in both money and time as a result of mediating the dispute can be considerable.

Defamation

I recently mediated a very successful outcome in relation to a dispute between senior members of a national organization. Defamation proceedings were threatened by one party against the other which were subsequently withdrawn and a settlement was achieved when an agreed apology was produced.