Mediation Case Studies
Personal Injury Dispute
The Problem – Personal injury dispute, the claimant brought an action against her previous partner who had infected her with a sexually transmitted disease which he had contracted prior to meeting her and of which he was aware, but failed to disclose this to her.
The claimant had to undergo a number of invasive procedures which meant she had to take several months off work from her business which prior to this all occurring was quite successful, as well as deal with all the emotional turmoil and stress this had caused, resulting in her bringing an action for a substantial amount of damages.
The Solution – The defendant showed little if any remorse for his conduct which made the mediation that little bit more difficult, he made it clear early on he knew he had to pay something but would pay as little as possible.
In a private session with him and his barrister questions such as how would you feel if this had been done to you and how do you think your ex partner feels were posed to him, several responses were given, it was clear this line of questioning had struck a nerve in his I don’t care attitude.
In a joint session following this private session the claimants barrister proceeded to explain the discomfort the claimant had been subjected to, as well as the number of procedures she had to have and detailed what they involved, at this point the defendant ran from the room in tears.
Having calmed the defendant down he was seen privately with his barrister once more, breaking down again he said he did not realise what he had done and never stopped to consider the real effect his promiscuity had. Once focused he offered an apology and agreed to pay the majority of the claimants damages claim. The figures differed to what the claimant was expecting, a few hours later the parties settled for a figure they were both content with.
- The mediation took 1 day compared to the 16 months this personal injury 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.