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Dartford Business Park
Dartford
Kent
DA1 5FS
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Email: info@cmds.org.uk

01322 314 820

Latest News

EU Commission has launched a public consultation on mediation in the EU. Deadline is 11 December 2015.

Thought for the day

'Any fact facing us is not as important as our attitude toward it, for that determines our success or failure. The way you think about a fact may defeat you before you ever do anything about it.' Norman Vincent Peale

Commercial case study 1 (family business)

A and B worked were brothers. together in a business, A, the owner, had employed his brother B.  The relationship between them broke down and resulted in A dismissing B.  B brought proceedings alleging unfair dismissal.  The mediation allowed deep-seated resentments between the brothers to be ventilated and they were able to settle their grievances and refocus on running a profitable business together.

Family case study 1

Mr and Mrs A run a professional practise. They have worked together in the medical profession for over 20 years and have established numerous branches and personally  acquired trading premises as well as other assets. Mr and Mrs A now wish to separate and wish to separate their  business in the best way possible. With the help of the existing business accountant and additional guidance from financial experts who were  neutral  in their approach Mr and Mrs A were able to resolve their financial separation so as to keep a sustainable business going for each of them going forward in the most tax efficient and cost effective way .

Healthcare

An NHS Trust had found sufficient evidence to instigate disciplinary proceedings against Dr G. The nature of allegations (lack of probity) would mean that Dr G would be subject to a long process just prior to his retirement after a 45 years of excellent service. Mediation was used as an altenative to this process and the Trust was able to offer an exit strategy that could be effected swiftly and with minimal injury to an otherwise satisfactory career within the NHS.

Patient A was dissatisfied with care provided by her GP. Internal complaints procedures within the practice had failed to resolve the issue and the staff morale declined. Both parties became entrenched in their positions. Mediation revealed that there had been a misunderstanding between the GP and patient which was swiftly resolved.

Patient B underwent a routine orthopaedic operation. He suffered a post-operative haemorrhage and died shortly after. A coroner's inquest is due to take place shortly and the Trust is keen to resolve all the family's concerns through the mediation process.

Patient C underwent a colonoscopy and suffered post-operative septicaemia. Some of his bowel was damaged as a result. The hospital agreed to deal with settlement, if appropriate, at mediation.

Family case study 2

A and B lived together for 5 years and have a little girl aged 2. They each have children by previous relationships. A has left the family home with their child  and formed a permanent relationship with the best friend of B. A and B wished to resolve issues relating to arrangements for their child including where the child should live and who the child should see. Also seeing family members, schooling and issues relating the way to best communicate and to stay jointly  involved following separation. A and B were able to talk through many of the matters arising from their separation. They made practical arrangements to enable them and their families to continue to have a full relationship in the future

Personal Injury

Patient L suffered a head injury as a result of a faulty lift door. The insurers for the lift maintenance providers were able to agree a settlement with him so that he was able to attend private physiotherapy and occupational therapy sessions more promptly than if he had to wait for the various litigative procedures to be taken through the courts.

Commercial case study 2

The Defendant had resigned as a director from the Claimant company. The Claimant alleged that it was owed a substantial amount of money by the Defendant and alleged fraud and breach of directors duties.  The defendant made a substantial counterclaim for unpaid salary and dividends.  After a number of private sessions with a mediator at which the issues in the case were worked through the parties arrived at an agreement which allowed jointly held assets to be divided and the  relationship to be properly terminated so that each party could move forward.

Racial harassment

K was suspended on the grounds of misconduct for making a racist comment directed at her colleague. Mediation was a supportive environment for the two women to discuss the impact of the incident. K apologised for her behaviour and was able to resume her position.

Bullying

J a newly recruited senior manager in a charity felt that he was continuously undermined by his junior colleague who often circulated teasing emails about him. J felt that his new position was untenable but decided to lodge a formal grievance against his colleague and the charity for not stemming this behaviour. Mediation allowed the Charity to resolve the matter without having to fear the threat of their employee bringing a claim for constructive dismissal against them.

Property

The claimant builder had undertaken a substantial amount of renovation work to the defendant's flat.  He had been paid half the agreed amount and brought proceedings claiming the outstanding balance.  The defendant counterclaimed for the cost of remedial work, saying that much of the work done by the builder was defective.  At mediation the parties reached agreement as to how much the claimant was owed.

Probate

A was the youngest son in the family. On his father's death, he was made the sole beneficiary of a rural farm that the family had owned for three generations whilst his brothers and elder sister were left money and investments. A believed that his father would not have intended him to be financially disadvantaged by the fact that the farm had fallen into severe disrepair and would need several thousand pounds invested in it.  A had asked his siblings to "lend" him some money to repair the farm but they had refused. A CMDS mediator helped the family to reach an equitable settlement.

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