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Commercial intellectual property dispute

This mediation saw two companies engage in mediation after 12 difficult months of correspondence between solicitors. They had each incurred legal fees of approximately £18,000.00 and the dispute had reached a point where court proceedings were about to begin.

This means they probably faed another 10 months of legal fees and stress before the dispute got to court. They had never met or spoken with one another prior to the mediation. At first the solicitor for one party did not want to take part in the opening joint session. Fortunately it did go ahead and some lighthearted conversation took place regarding cycling. This innocuous conversation saw a common interest acknowledged by the two parties.

During the course of the morning the parties were separated into their private rooms and we shuttled between them. The negotiations were slowing until the parties suggested that they speak to one another in our presence and without their own solicitors in the room.

Over the course of the next 20 minutes not only did they reach an agreement which allowed them to put the whole dispute behind them, but they also realised that there was potential to work together going forwards.Last time we saw them they were going to a pub together to discuss potential opportunities.

Posted in case studies

Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

“A very smooth process where we felt completely supported. . I just wanted to say thank you for the process yesterday.  I have done mediation once before (through a different company) and it was not a pleasant process. We felt completely supported yesterday and it was very smoothly run.”

“By far the best SEND mediation service, professional & conducted to a very high standard. In my role I support many families & deal with different mediation companies & Mediatelegal is by far superior to all the others.”

Since 1990, the total value of mediated cases in England & Wales is in excess of £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

“At every process communication was clear and timely. All staff were very helpful throughout the whole process.”

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

“The mediator was very good in directing the process to ensure everyone was able to state their position and ask questions within a safe environment. I thought the Teams format worked well allowing for the breakout rooms/conversations, and ensured we were all actually in a familiar place which I think helped reduce the anxiety going into the process a little. Our mediator was Joseph Mulrooney and I would definitely recommend him as a very good mediator.”

“Both Joseph and Kelley were extremely helpful. Professional yet friendly, informative and reassuring. I’m please I went through with the mediation and resulted in a favourable outcome.”

“Clear mediation process with each party given the opportunity to speak. We are pleased that the final result was one which opened a further pathway for discussion after fairly hearing both parties. Thank you.”

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