Mediation Case Studies
Breach Of Contract
The Problem – Breach of contract was alleged over a gardening contract entered into between the claimant (a well known organisation) and defendant (the Local Authority) and further authorisation of additional work agreed by the defendant, the claimants sought payment for the unpaid balance of £122,000.00 for work in respect of 45 properties.
The defendant claimed the claimants had not fulfilled their obligations as some properties were not completed, some had not been seen to and in a number of cases some properties which did not even require any work had been attended to.
The Solution – Mediation took place, and the matter was resolved in a day, due to a reorganisation at the defendants information was not always accurate, which led to misinterpretation and the claimants being without adequate instructions at times. The claimants admitted that they could have and should have been better in their approach to ask for correct information and seeking the clarity of it, the claimants agreed to settle for £85,000.
- The mediation took 1 day compared to the 18 months this breach of contract dispute had already gone on.
- The mediation cost each party £950.00 each compared to the thousands they had already spent on legal fees and the thousands they would have had to spend had they continued with Court action.