Eskhill & Co | Green House at Eskhill | 15A Inveresk Village |
Musselburgh EH21 7TD | Tel: 0131 271 4000
Two management team members had been unable to work together which
was affecting the services provided by the organisation. The CEO had been
unable to find a resolution so sought the help of mediation. In the safe
and confidential mediation setting both parties were able to explore what
had gone wrong in their relationship and each accepted some
responsibility. The settlement was a commitment to developing
collaboration with an action programme involving both.
Mediation can work in a wide range of situations and if you have a
disagreement that is proving to be intractable do contact us to see if we
can help. Some of the types of organisations/disciplines we have worked
with and types of disagreement we have mediated include: consumer
complaints, commercial, corporate, boardroom, partnerships,
management, workplace, local authorities, government, public agencies,
third sector, health services, higher education, student bodies, farming,
professional services, environment, property, housing, construction,
technology, information services, and professional indemnity insurance.
Below we provide some background on typical mediations we have carried
out. These are described in general terms to maintain confidentiality and
do not represent any one particular case.
Professional Service Slips
Party A, built an eco-house designed and supervised in construction by
Party B, an architect's firm. The house failed to perform efficiently and
Party A was faced with remedial costs of several hundred thousand
pounds. Party B denied liability and so Party A raised a summons for
professional negligence against Party B. In mediation the parties,
supported by legal advisers, reached a settlement with agreement of
Party B's insurers.
End of Farm Tenancy
Party A, a tenant farmer, had the tenancy of some fields near a farm with
farmhouse which he owned. Party B, the landlord had decided to end the
tenancy in the normal way but the Parties were unable to come to
agreement over the compensation to be paid by the landlord for
improvements to buildings and fencing carried out by the tenant. At
mediation a settlement was reached involving the landlord transferring a
field adjacent to the farmhouse to the farmer.
Organisations in Dispute
A charity, Party A, was under the threat of withdrawal of support from a
statutory body, Party B. The dispute had focused on inter-personal issues
between representatives of the two parties. At mediation the
organisations were represented by the individuals who had been in
disagrement as well as by senior non-executive colleagues. Resolution
involved a plan of engagement for the future with some non-executive
Complaints in House Factoring
A housing factor had received successive complaints from an owner in a
block of flats leading to a Tribunal hearing at which the tenant had been
unsucessful. Nevertheless the owner continued to complain and the house
factor wished to use mediation to try to establish a better relationship.
The mediation created a communications plan and engagement of the
owner with an owners' forum for the flats.
Board Level Difference
The Chair and CEO of a financial services organisation had a poor
relationship which was having a damaging effect on the organisation's
operations. In mediation it was discovered that much of the dispute was
in communication styles rather than more material organisation goals and
achievements. The settlement involved executive coaching and further
moderated meetings between the CEO and Chair.
Mediation, Facilitation and Coaching