CASE STUDIES

90% Success Rate

Mediators avoid taking sides or making judgments, but will play Devil’s Advocate. It’s a simple process, but incredibly effective. That’s why 90% of my mediations result in settlement - no more costs and worry, instead closure and peace of mind.

Action to enforce an On-Demand Bond, following the Contractor’s
insolvency, which although repudiated by the Bondsman on grounds of
fraud, was successfully resolved on complex terms.

Dilapidations claim on licensed premises, featuring 4 warring experts, extensive technical arguments, and deadlocked negotiation. Online (Zoom) Mediation was tried as last resort to court action and settled to both parties’ satisfaction.

Commercial property dispute – contentious £3,000,000 valuation of the acquisition fee for residential redevelopment of farmland, complex legal challenges to interpretation and validity of Option Agreement, and conflicting expert evidence.

Intestacy dispute between a second wife (the widow) and children of the previous marriage; the parties could not and would not meet each other, but eventually were helped to find a compromise and resolution, despite very deeply held emotions.

Inheritance dispute over contested will between six brothers and sisters in a farming family where again the parties felt so strongly that they would not meet in a common session, and freely accused each other of fraud. Successful agreement concluded after a very long session.

Long-running, and bitter professional negligence claim between a businessman and his commercial property solicitor. The Claimant was a litigant in person who became very frustrated and repeatedly threatened violence. Settlement and closure was eventually achieved after numerous walk-outs.

Solicitors' partnership dispute where the former partners were unable to speak to each other or even be in the same room, resolved after a close and objective examination of the partners' partnership accounts.

Complex civil engineering dispute, where court had ordered an adjournment to mediate. The expert witnesses offered radically different analyses of fault and loss, and there were complex issues of legal liability also.  Making fill use of Zoom's breakouts feature, the dispute was settled over a long day to the satisfaction and relief of both parties.

This course is written specially for design professionals whose usual clients are "consumers".  It explains how consumer law changes the way profssional contracts work and provides guidance on managing the relationship with house owners and other "domestic" clients.

Technical final account evaluation dispute involving alleged wrongful suspension and repudiation.  Project was for refurbishment of several hundred dwellings. Issues around contract formation, terms of contract, difficulties of interpretation, complex legal argument; successfully resolved.

Seven figure dispute relating to civil engineering materials – alleged non-delivery, dispute over methods of measurement of quantities and non-delivery plus technical issues of quality and non-conformity with specification, extensive materials analysis evidence; counterclaim based on remediation.  Successfully resolved.

Dispute over software copying and copyright ownership between two design houses; very large petrochemical project. Solution involved mutual assistance and a new JV.

Variation claim for £5m plus extension of time; and complex defective works and delay counterclaim between main contractor and developer on a new apartment building, successfully settled.

Solicitors' partnership dispute where the former partners were unable to
speak to each other or even be in the same room resolved following
collaborative analysis of the partnership accounts.

Disputed dilapidation charges on licensed premises, with complex expert
evidence on each side, resolved by successful negotiations over Zoom in
several stages leading to settlement of past and future problems.

Landlord’s claims on commercial premises for waste, unauthorised works
and breach of tenant’s covenants, settled by tenant’s purchase of landlord’s
interest.

18th-century courthouse with serious structural problems divided into luxury
apartments; service charges were withheld for 10 years against alleged nonperformance of landlord’s covenants; during the mediation a dialogue
began, and the fractured relationship was restored, with full and final
settlement of all claims.

Right To Manage company’s dispute with Appropriate Person for payment of
shortfall in charges for RTM costs and expenses, and AP’s associated
corporate governance grievances resolved.

Historic easement over wagon way, disputed rights of access for large
modern vehicles settled by variation of rights agreement with associated
compensation payment to the servient tenement.

Tolata dispute between a mother and son who sought her eviction from the family
home, based upon a constructive trust. Mediated online to ease the emotional stress,
and brought to fair resolution and closure.

Contested probate between siblings challenging testamentary capacity and valuation
of the estate, settled

Inheritance (Provision for Family and Dependants) claim between divorced wife and
second spouse of deceased male, settled.

Multi-party dispute over a deathbed will disposing of large farm in Sussex – challenges
to testamentary capacity, revised disposition negotiated.

Tolata dispute between former partners over shares in the previous family home,
shares agreed and allocated.

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