Recent cases resolved via mediation
We have experience in resolving disputes by way of mediation on a range of litigation disputes. We find that mediation is successful in a surprisingly large number of cases. In our experience, people do not agree to mediation at the early stages, but if you keep on suggesting mediation they often crumble.
We have acted for both agents and principals to resolve arguments relating to the agent’s performance and alleged lack of support from the principal.
Disputes with directors are very common and in cases where the director is also a shareholder the position can quickly impact on the running of the business. We have acted for both directors and shareholders to pave a way through hostilities to find a solution. Often we agree departure terms for the director.
Surprisingly, disputes with employees are often resolved via mediation. Mediation helps both the employer and the employee focus on objectives and see a way of working together effectively.
Breach of business contract
A breach may entitle one party to terminate the contract. However, that is not always the best route. Mediation can help preserve the business relationship so the parties can continue to trade with each other.
We act at a stage of the dispute resolution procedure with the aim of resolving the dispute before the next stage which is usually arbitration or litigation. We find issues usually relate to allegations by the franchisee that the franchisor is not delivering on support. We also deal with claims by the franchisor that the franchisee is failing to generate the profits expected or harming the brand. Another key area is restrictions relating to competition.
We usually act before the issues are escalated to find a solution to litigation or arbitration. We handle a variety of problems which usually relate to the sub-contractor failing to deliver which puts the main supplier at risk of breach with the end user.
Intellectual property disputes
Mediation is particularly helpful where intellectual property is involved because the litigation route is very slow and often the damage is irretrievable by the time a case gets to court. We resolve disputes relating to copying, passing off, domain names and other design or patent based rights.
Disputes we typically resolve arise when the investor is disappointed with his investment and wants to recover his investment.
We find that mediation is very useful in ironing out difficulties which arise when two businesses come together to trade. We have achieved a number of successful mediations for joint ventures.
This is an area where we frequently step in to resolve disputes and usually find a way to agree the departure terms of a partner. We act for individual partners or the partnership(s). A partnership agreement may include a provision requiring the partners to mediate.
We find our in depth knowledge of company law and the rights of shareholders useful in resolving the disputes which do arise.