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Regulars
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 Following our theme of hybrid mediations, Paul Johnson of Kings Chambers, Manchester, outlines the challenges of one such mediation as day four beckons...
I mediate all kinds of disputes. One of the most challenging categories of dispute is the family bust-up over the family business/ assets. The mix of fact, law and emotion is just toxic.
I recently spent 3 days mediating such a dispute.
I shall call the parties A, B, C and D. They were equal shareholders in a company and B, C and D were partners in another part of the family business. C managed the company and B managed the partnership. After years of simmering tension, B and C fell out in a very serious way, accusing each other of serious financial wrongdoing. Matters came to head when A and D (neither of whom had any active part in running the family business) resolved, together with C, to remove B from the family business. B issued proceedings for unfair prejudice/ equitable winding up of the company. C and D completed the circle by issuing proceedings to dissolve the partnership.
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Regulars -
Rushton Roars
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 Mediation doesn't need any more well-intentioned dupes, and training mediators has failed to grow the market. Training organisations might delude themselves into believing they're churning out the next generation of stellar mediators. They're not. When the bell goes and the pupils leave, they've just added a bunch more to the crowd of faces abandoned, unwanted, at the school gates. |
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Regulars
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Written by Mark Jackson-Stops
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 Eighteen months of cajoling and persuasion and the day arrived. I had spoken with each solicitor and, as always, put together an attendance list. My heart sank.
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Regulars
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Written by Andrew Paton
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 After hearing the Appellant make his opening statement, in person, the Defendant (also in person) rose, stabbed his finger towards the Appellant's chest and said, 'This is bo***cks; the only mistake I've made here was in not getting you shot', before walking out.
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Regulars
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Written by Jane Andrewartha
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Friday, 01 February 2008 00:00 |
 The young female trainee on the side of the multiple Defendants confided in me that she was truly pleased that I had been appointed – I felt flattered. I had not, she explained, been the choice of any of the parties – disappointment crept in. In fact there had been resistance to me – now rising panic.
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