Instigating dialogue as soon as conflict arises.
Easy and quick to arrange, PreFix offers you a new option immediately after a problem arises. PreFix mediations are confidential and without prejudice giving you the security to discuss the situation openly with the other party. You keep control of the problem and can solve it in the way that best suits you. Litigation ends up in mediation sooner or later. There is little to lose mediating early.
Right place, right time
George had managed the Business Park for 18 years but he wanted to start a new business. Although the properties were owned by Kwame, George’s brother who lived in Ghana, they were bought with family money intended to benefit both Kwame and George. George needed capital for his new business.
George tried various different ways to engage with Kwame. The physical distance between them made it hard and, in the end, the atmosphere felt toxic.
George found out that Kwame would be attending a conference in Cardiff later that month. George agreed with Kwame that they would get Prefix to help find them find a solution in the short period Kwame was in the UK.
PreFix briefed George and Kwame separately ahead of time. PreFix explained how a mediator is an impartial professional whose role is to help the parties communicate and negotiate an agreement. PreFix provided all the necessary documents including the mediation agreement and made arrangements for a suitable venue in Cardiff.
By the end of a tough three hour meeting, a way forward was agreed. Kwame and George rang their property lawyers and together they gave instructions on what they would like to do.
Solving the problem
Geoff’s aunt’s will just doesn’t stack up.
It was made shortly before she died when she was suffering from pretty severe dementia. Her previous will left £150,000 to Geoff. Whereas her last will left that amount to Geoff’s cousin, Phil.
The advice that Geoff received was that he could challenge the last will. That would mean the previous will would stand.
But she made that previous will before she met Stan. She lived with Stan for the last 10 years of her life. Stan took the lion’s share of the estate under the last will and nothing under the previous will. Geoff thought it would be terrible if Stan did not get anything.
Geoff is worried about a conversation with Phil. He doesn’t want to undermine his case if he has to bring one. So he asks PreFix to help with the meeting.
Although the meeting is strained at times, it becomes clear that Stan’s interests are as important to them as the legacy. And Phil agrees to share half of the £150,000 with Geoff – an outcome the courts could never reach.
Negotiate now
WXP had provided IT consultancy services to J Limited for many years. That arrangement was brought to an end in November 2018.
At that point, J Limited owed WXP £912,000 in unpaid invoices.
WXP got their lawyers to send a letter of claim. J Limited’s director responded almost immediately in a phone call to WXP’s MD saying that he would pay £650,000 plus WXP’s costs to date but “nothing more”.
The offer was rejected and now nine months later the parties were mediating the claim. There had been lots of correspondence on whether work done was covered by the engagement letter.
The mediation required the parties to disclose their legal costs. The total spent over the last nine months was £65,000, the majority from WXP’s lawyers.
J Limited was in fact in a very tight financial spot. They could pay £665,000; any more would see the company fold. WXP’s MD was left wondering what had been achieved over those 9 months and why he hadn’t negotiated when he got the call.