It’s Stalemate!

It’s Stalemate!

  • July 2018
  • Posted By Chris Pike

Small business disputes with customers, suppliers, associates and employees can have an adverse effect on a business. They can be unpleasant, time consuming and costly to resolve through legal means. If they remain unresolved the credibility of the business, profits and development can all be affected.

Mediation is a quick, low cost and confidential way to resolve disputes. Talk To Me Mediation will help you and the other party come to a genuine understanding and find a resolution that addresses both your needs and interests. A recent case that at first seemed to be very difficult to resolve follows:

Mr P was a homeowner in dispute with his builder Mr L. The pre-contract discussions about what Mr P required from Mr L were as they both admitted ‘pretty loose’.

Mr P required some structural changes to his downstairs rooms to accommodate a disabled relative. Once the requirements were agreed for the planning application, the finer detail would be finalised along the way.

Talk To Me Mediation was called in at the stage when the builder had walked off site and there was no communication between the parties. Mr L wanted to be paid for the work he had completed, Mr P was having none of it. The planning permission had been granted, the work had started but neither party could agree the finer detail. It was stalemate!

The only thing they could agree on was to go to mediation. The mediator met with Mr P and Mr L . Each was firm in his position, Mr P was adamant aspects of the work had been agreed. Mr L thought to the contrary.

During the mediation process, the mediator was able to move each of the parties away from their positions and focus them on their needs and interests.  The dispute between them had escalated, there was no complaint about Mr L’s work, they just couldn’t agree on what needed to be done. With the help of the mediator, both parties reconciled their differences and began communicating again.

The mediation resulted in a signed agreement, which set out what both parties agreed to complete the contract. The work commenced again, there was a  brief communication breakdown after a month, but the mediator became involved again and the parties were put back on track.

What emerged from this mediation is how essential it is to have everything clearly set out in a contract document before work commences.

If you are in dispute with a customer contact Talk To Me Mediation.



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