Recent Examples of the Use of Mediation

We are often asked to provide examples of where and how mediation is being used. Here are a few recent (anonymous) illustrations from the Core portfolio:

· a dispute over the provision and functionality of software for use in the delivery of an important online service to customers

· the purchase and sale of a professional practice where differences arose over an oral agreement reached and the valuation of the business and where one partner had continued to run the business

· questions about ongoing losses suffered by an agency providing services to a major distributor of products to the household marketplace, where the agency agreement had been terminated

· a joint venture property initiative where ambiguity in the commercial contract caused a difference of view about allocation of profit

· a dispute over an estate following the death of a landowner where various properties were in use by family members and existing relationships were uneasy

· claims for payment by a contractor on a construction project, with counter claims by the developer, and differing views about the involvement of third party contractors, with a concurrent need to complete aspects of the works utilising the skills of those involved in the dispute

· a serious difference between two colleagues in senior management in the health sector leading to tension and appraisal difficulties

· a dispute over completion of a housing project, with remedies sought in court and arbitration, costs escalating beyond the value of remedial work and years of uncertainty for a house-owner and contractor

· an unresolved claim involving a local authority and a maintenance contractor for cleaning services

· a dispute over the value of professional advice given to a development project where the principals subsequently elected to use other services

· claims by a senior employee for salary and other remuneration and bonuses after termination of employment

· serious personal injuries suffered in an accident with disputed issues about fault, causal link and quantification of damages

· financial provision in a divorce case where assets were uncertain

· a planning application in which objections were made on the grounds of the effect on a profitable local business which had no alternative location owing to the nature of the business.