Why Mediate

Typical Case Studies

Example Neighbour/Boundary Dispute

We have identified here some sample disputes that have been shown to be ideal for solution using mediation . Whilst the names are fiction the underlying disputes can be considered as real examples.

Case Study 1: Dispute between a Farmer and Neighbour

The dispute had run for over 6 years. Both farmer and neighbour argued that they owned a hedge running along the boundary of a very old bridleway track. For the duration of the argument the hedge could not be cut or trimmed. Gradually the views over the countryside disappeared as the hedge grew higher. Access was prevented along the track.

The dispute went to litigation and the solicitor and barristers fees grew at an alarming rate. Following a series of Court hearings and appeals the case dragged on and costs accrued. Relationships became strained within the family as the neighbours grew older and positions became entrenched.

Finally the two parties obtained an order to stay the legal proceedings and mediation took place. The parties agreed to a settlement, redefined the boundary and rights of access. The hedge was trimmed and the views over the countryside restored.

How much did litigation cost? Farmers fees in excess of £200,000; neighbours fees in excess of £70,000. What did mediation cost? £2,500. How much better it would have been to have gone to mediation in the first place.


Example Contract Dispute

Case Study 2:

Mr & Mrs James Wedding Anniversary celebrations

The James' had booked at a very prestigious hotel for an evening meal for their family & friends to join them in celebrating their 40th wedding celebration. Total costs of the event were £18,073. Great detail went into planning the event, including the accommodation, food, flowers, gifts and evening entertainment.

The event was a total disaster (according to the James'). The hotel acknowledged a certain level of responsibility but not on the scale demanded by the James'.

After great debate mediation was suggested and both parties agreed to refer their dispute to the mediation process. Within a few hours the James' had received a statement of apology, a part refund and an offer of a fully paid special week-end away at a partner hotel.

The James' gained the satisfaction of a written apology and compensation and the hotel retained their privacy of a potentially damaging Court case.


Example Construction Dispute

Case Study 3:Dispute between local builder 'Samson Construction' and homeowners Mr & Mrs Delilah

The Delilahs' had looked forward to their retirement and had planned a large 2 storey building and conservatory extension to their home. Architect plans were drawn up, planning permissions gained and quotes received from various builders. Samson Construction whilst not providing the cheapest quote were able to start straight away and came recommended as they had over 25 years of local experience.

Work progressed well for the first couple of weeks but in the 3rd week work significantly slowed down due to lack of workman. Completion deadline reassurances were given and work continued at a slow rate. Despite this the Delilahs' added extra work which was outside of the contract.

After 3 months the two parties were in dispute, accusations were exchanged, agreed payments not made and the workman were pulled off site; leaving the Delilahs' with a half complete extension.

On advice of friends the Delilahs' asked Samson Construction if they would agree to refer the dispute to mediation. As this was a potentially highly damaging dispute for Samson in terms of local relationships they also  agreed.

The dispute took all day and part of the night to settle as many new issues unknown to each party were identified. Through better communication and with the aid of the professional mediator each party regarded the mediation as a success as a settlement agreement was achieved.

Work resumed, the contractor got paid and as a goodwill gesture offered to carry out a re-landscaping of the garden free of charge; all issues were resolved to enable the Delilahs' into their refurbished home prior to their daughter's wedding.


Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

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