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Telephone Mediation – case study 2018

In March 2018 Mediatelegal was instructed to provide a 1 hour telephone mediation. The instruction involved a commercial dispute between a letting agency and a plastering company.

The dispute revolved around works to a property. The agency disputed the quality of the works and refused to pay. The plastering company argued that the quality of works was entirely professional and sought payment in full.

The value of the dispute was less than £5,000. Because Mediatelegal is an accredited Ministry of Justice mediation provider we provided access to mediation at a reasonable cost. A telephone mediation was proposed, and our fee was agreed at £60 per party. Joseph Mulrooney performed the telephone mediation.

The Telephone Mediation

We held a pre-mediaton telephone call with each party, and explained the process of telephone mediation and answered any questions. When the telephone mediation took place, our mediator shuttled between telephone calls with each party. This involved speaking with each party privately, finding out their real concerns and aims, and challenging them when necessary.

The dispute was resolved in less than 80 minutes. Both parties moved away from their original positions, but they were able to resolve a dispute within an hour and a half.

The settlement terms were written out and signed by each party, giving them the reassurance of a legally binding agreement.

What if they hadn’t tried mediation?

It is likely that the two companies would still be tied up in the lengthy and costly litigation process. Even taking a dispute to the small claims court will require an unreasonable amount of time, effort and resources for a small business.

Using mediation has allowed the two companies to look past the problem, and find a solutions that they can live with. As a result, they no longer have to spend any more time on the dispute. They can instead focus on growing their businesses.

Download a free letter before action

If you or your business are owed money, you can download a free template debt recovery letter before action here. This letter complies with the requirements of the Pre-Action Protocol for Debt Recovery, and includes an invitation to mediate.

Ministry of Justice

Posted in case studies

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

K. Kandrac 17th December 2015

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