Case Study 1
A husband and wife had separated and they were about to divorce. Litigation had been ongoing for over a year. The relationship had become strained. The couple had two children, whose futures they wished to safeguard through appropriate financial arrangements. They also were business partners, and they had a complex arrangement of companies and trusts that they wished to separate in an equitable way.
Through the mediation process they were able to work through complex business issues, with a focus on the future, and resolve their separation issues in a constructive and ultimately rewarding way
Case Study 2
Company A sold its business to Company B. Company B was to receive transitional assistance from staff at Company A to assist in the management of the business. Payment for the purchase of the business was agreed verbally. Unfortunately many of the fine details of the sale were not committed to paper. Consequently, many small issues in dispute led to the breakdown of good relations between the parties so that the transitional arrangements became impossible to implement. Both companies wished to mediate to avoid costly litigation and adverse publicity.
First we identified all the issues still in dispute. Then we noted that there was a lack of clarity about some of the matters. The parties agreed to adjourn the conference, to review all their accounts and return to the mediation with detailed information about the various amounts outstanding by each party.
Upon return the parties were then able to work through and develop an action plan for the orderly transition of the business, and a financial adjustment to the purchase price based on the information each party provided.
Case Study 3
Two senior managers in a large corporation had a personality conflict. It became so severe that the organisation was restructured so that the two would not need to have any contact. Nonetheless the dispute continued and began to impact adversely on other staff. While contemplating its second restructure, the company decided to try mediation.
The parties were assisted to gain an appreciation of the other's values and their approach to work, and to understand each other's behaviour. They were able to recognise their professional but different approaches to management, and to come to an acceptance of the other's style, such that they could work together in a business relationship. While they were never going to be "best friends", they did find a way to work constructively together for the good of the organisation, while appreciating each other's different styles of management. The second restructure did not take place!
