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Home Case studies

Mediation Case Studies

Employment                                                                                                     
A and B worked together in a business, A, the owner, had employed his brother B.  The relationship between them broke down and resulted in A dismissing B.  B brought proceedings alleging unfair dismissal.  The parties were advised by their solicitors that a hearing would be long and expensive and they decided to mediate.  The mediation session lasted 9 hours, at the end of which A agreed to pay B a sum of money to settle the claim and the family were able to put the dispute behind them.

K worked in a hotel. She was suspended as a result of a heated exchange with one of her colleagues which included her making a racist comment directed at K. Mediation was a supportive environment for the two women to discuss what had happened. K accepted her colleague's apology and they continued to work well with each other.

J was a senior manager in a charity. His colleague (who was junior to him but who had been in the organisation many more years than J) accused him of undermining and bullying behaviour and had lodged a formal grievance against him. Mediation allowed the Charity to resolve the matter without having to fear the threat of their employee bringing a claim for constructive dismissal against them. 

Commercial
The parties in dispute were former directors of a property development company.  The Defendant had resigned as a director about a year prior to the mediation.  The Claimant brought proceedings alleging that the company was owed a substantial amount of money by the Defendant which was now repayable and other allegations including fraud and breach of directors duties.  The defendant made a substantial counterclaim for unpaid salary and dividends.  After a number of private sessions with a mediator at which the issues in the case were worked through the parties arrived at an agreement which allowed jointly held assets to be divided and the  relationship to be properly terminated so that each party could move forward.

 

Healthcare
Patient A was dissatisfied with care provided by her GP and had threatened to bring proceedings against him.  Internal complaints procedures within the practice had failed to resolve the issue and the GP was finding the threat of proceedings very stressful.  The practice manager contacted CMDS to request  mediation.  At mediation it quickly emerged that there had been a misunderstanding between the GP and patient which was resolvable, and the parties continued in a helpful therapeutic relationship.

Patient B underwent a routine orthopaedic operation. He suffered a post-operative haemorrhage and died shortly after. A coroner's inquest is due to take place shortly and the Trust is keen to resolve all the family's concerns through the mediation process.

Patient C underwent a colonoscopy and suffered post-operative septicaemia. Some of his bowel was damaged as a result. The hospital agreed to deal with settlement, if appropriate, at mediation.

Personal Injury

Patient L suffered a head injury as a result of a faulty lift door. The insurers for the lift maintenance providers were able to agree a settlement with him so that he was able to attend private physiotherapy and occupational therapy sessions more promptly than if he had to wait for the various litigative procedures to be taken through the courts. 

Property 

The claimant builder had undertaken a substantial amount of renovation work to the defendant's flat.  He had been paid half the agreed amount and brought proceedings claiming the outstanding balance.  The defendant counterclaimed for the cost of remedial work, saying that much of the work done by the builder was defective.  At mediation the parties reached agreement as to how much the claimant was owed.

Probate

A was the youngest son in the family. On his father's death, he was made the sole beneficiary of a rural farm that the family had owned for three generations whilst his brothers and elder sister were left money and investments. A believed that his father would not have intended him to be financially disadvantaged by the fact that the farm had fallen into severe disrepair and would need several thousand pounds invested in it.  A had asked his siblings to "lend" him some money to repair the farm but they had refused. A CMDS mediator helped the family to reach an equitable settlement. 

 

 


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