Mediation Case Studies

Marine Engineering

The mediator did nothing

An inshore fisherman had been left a second fishing boat in his father’s will. That second boat had been repaired and was in storage, but unfortunately the dockyard had allegedly twisted the keel when winching the boat onto the dockside. The fisherman would not pay the rent arrears for the boat to be released, and the dockyard would not accept liability for the damage.

How did the discussions go?

Who knows? As all assembled for the mediation, the inexperienced solicitor acting for the fisherman came into Chris’s room and asked for some time to discuss the matter, as though Chris were a judge waiting to hear the case! He came in, bowed, and craved an indulgence in the hope that some fruitful discussions may take place. This went on for about three hours.

After that time, both solicitors came in with a heads of agreement and asked Chris to draft an agreed settlement. Chris had played no part in any discussions.

Just for being there…

It is surprising what a mediator can achieve, just by being there…

Court proceedings would have been in neither party’s interests.