Extended Family Dispute Case Study
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Family mediation, the claimants sued the defendant (their former sister in law) for £70,000 for a series of loans given to her for her to complete her studies; the claim was instigated as they claimed no monies had been repaid in accordance to the repayment schedules.
The defendant claimed that only £20,000 had been borrowed which had been repaid, and any other money that had been borrowed was on the request of the claimant’s brother, used for his purposes and to benefit him, and therefore she owed them nothing.
This was a typical example of a highly charged family dispute whereby emotions were fuelling the core dispute. The borrowing of £20,000 was clearly evidenced and had appeared to have been paid back in unequal and erratic instalments totalling £6,000, some of which had been paid back out of a joint account of the defendant and her ex husband.
The claimant claimed they should not have come out of a joint account they should have solely come from the defendant, however there was paperwork evidencing that the claimant’s brother had agreed for these payments to come out of the joint account.
When breaking down the defendant’s education costs, it appeared that the most that she could have put towards her studies was £40,000, £20,000 which had been borrowed and £6,000 repaid, another £20,000 which she claimed she had funded herself.
Out of this alleged remaining £64,000 in dispute, from the claimants documents only £28,000 of it could be proved that had been given to both the defendant and or her ex husband. The rest apparently had been given in cash and was verbally agreed at various stages, therefore with oral agreements and payments in cash, the claimants quickly realised they would be on very shaky ground trying to prove this; equally a number of discrepancies did not assist their position.
Out of the £28,000 that could be evidenced it was ascertained this went towards a deposit on a house, furniture, both of which were now in the sole ownership of the claimants brother and of which he was benefitting, approximately £5,000 out of the £28,000 went towards a family holiday.
The defendant’s position was simple, if anything she owed the claimants £2.500 towards her share of that holiday and possibly £14,000 towards the loan of £20,000, which she claimed she had paid back in cash. Again without any paper trail it would have been difficult to prove what had been loaned and indeed what had been repaid. The parties settled for £15,000 based on what the defendant’s liability could have been, if they wanted anymore, that was an issue for the claimant to take up with his brother.
- The mediation took 1 day compared to the 13 months this family dispute had already gone on.
- The mediation cost each party a fraction, 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.
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 20+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLS
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1998 CEDR & ADR Group Accredited Mediator. 24 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACP
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2004 ADR Group Accredited Mediator. 18 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP,
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Dentist, CIArb & ADR Group Accredited Mediator, 17 years mediation experience, has been involved in over 100 civil & commercial mediations.Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArb
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1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 24 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.Ike EhiribeLLB (Hons) lagos, B.L, FCIArb, FSIArb, QDR, Barrister, Chartered
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ADR Group Accredited Mediator. 16 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.Phil HeskethSolicitor till 2008, Commercial Mediator
2002 ADR Group Accredited Mediator. 20 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.Frances PlaceCommercial & Family Mediator
2007 ADR Group Accredited Mediator. 15 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.Julian RendallLLM, MCIArb, FMCA, MIAM's PPC
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2005 CEDR Accredited Mediator. 17 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.Lubna ShujaSolicitor, Commercial & Family Mediator
2003 ADR Chambers Accredited Mediator. 19 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.Peter WebsterSolicitor, Commercial, Workplace & Family Mediator
20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.Harvinder Singh Bhurji
Jane encourages people to take full advantage of the mediation process and the control...Jane Walmsley
Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...Paul Balen
Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.Sundeep Singh Bhatia
Grants background involves both commercial and contentious aspects of the law.Grant Goodlad
She works cross sector and has mediated a wide range of disputes especially employment and workplace.Carolyn Graham
Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitorPhil Hesketh
Specialist employment practitioner covering all major aspects of employment law.Edward Legard
Founded and managed Family Mediation Department at Lyons Davidson for 11 years.Frances Place
Louisa is an experienced and highly competent mediator with a background in private equity.Louisa Taylor
Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..Peter Webster