Workplace Case Study – Breaking Through the Barricade: When Understanding Bypassed Legal Arguments

Overview

Mediator: Fiona Colquhoun

Sector: Workplace

Mediation Value: £12 million

Outcome: The independent company and the service buyer later re-establish their business relationship, demonstrating that even strained partnerships can recover.

Background

This case study examines the journey of an independent company facing contract termination and subsequent negotiation with the service buyer. It highlights the unexpected role of lawyers in hindering progress and the alternative approach the mediator took that ultimately led to a successful resolution.

The Challenge

An independent company, recently taking over from a previous provider, finds itself in a £12 million contract that the buyer wishes to terminate. The relationship between the respective lawyers representing both parties is dysfunctional and is impeding progress.

Initial Impasse: Despite some initial movement on the first negotiation day, a significant gap of £1-2 million remains. Traditional lawyer-led negotiations are unable to break the deadlock.

Shifting Strategies: Recognising the hinderance the lawyers were creating; the mediator takes a different approach. Separate conversations with each party are initiated, allowing for open communication and more nuanced understanding of their positions.

Breaking Through: By fostering trust and focusing on individual motivations, the mediator facilitates a breakthrough on the second day. An agreement is reached, satisfying both parties.

Benefit of Mediation in this Case: The independent company and the service buyer later re-establish their business relationship, demonstrating that even strained partnerships can recover.

The Key Takeaways

• This case emphasises the potential negative impact of adversarial lawyer interactions on reaching a resolution.
• Building trust and understanding beyond legal positions is crucial. The mediator’s success exemplifies the importance of focusing on individual motivations and concerns rather than solely legal arguments.
• Creative approaches to communication can prove invaluable. Separate conversations, allowing parties to express themselves freely, can unlock solutions overlooked in traditional negotiation settings.
• Taking lawyers out of the equation can be a viable strategy, but not always. While effective in this case, removing lawyers requires careful consideration and is not a universally applicable solution.

Conclusion

This case study offers valuable insights for those navigating complex negotiations. It reminds us that even the most challenging situations can be resolved through trust, open communication, and a willingness to explore alternative approaches beyond the traditional lawyer-centric model.

Watch Fiona Colquhoun Discuss this case study here: