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In Place of Strife

The Mediation Chambers

Civil and Commercial - Fraud, deceit and conversion

Summary

The dispute was over the conduct of two family members acting under Powers of Attorney. Had they acted improperly and should they repay monies ‘gifted’ to them?
 
Background

The claimant was 95 years old. It was clear to the legal teams that he should not have to go to Court and a mediation would be the best way for him to bring this case to a close. The mediation was time limited to four hours and the venue was organised to be close to his nursing home and easily accessible for a wheelchair. The mediator after allowing for some ‘settling in’ time carried out the plenary meeting. Both legal teams sensitively and sensibly outlined their arguments. After the plenary meeting the private exchanges were heated and comprehensive and offers of settlement followed. The four hour format being a key driver that enabled the mediator to get the parties to firstly focus on the claimant’s well-being and secondly on the settlement options; as opposed to the blame game.
 
Outcome

Resolution was agreed. The savings to both parties, by not having to go to Court, were immeasurable health wise and considerable both financially and emotionally.

Mediator: Mark Linnell