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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
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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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Regulars
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Written by Michel Kallipetis QC
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Monday, 03 December 2007 00:00 |
THE EARLY morning train to anywhere is grim: an indeterminate brown liquid, which served either as tea or coffee, accompanied by a slice of brownish cardboard, laughingly described as the 'healthy option', should have warned me that the day was not going to be as straightforward as the 'Mediation Bundle' suggested.
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