Case Studies

Due to the nature of the confidentiality of the mediation process, all names have to be protected and general information only is given.

BASS Mediation was recently engaged by an established company, to support the resolution of a dispute between two employees.

The dispute was between two reasonably senior members of staff, and like many disputes, this dispute was simmering for a while, which ended up resulting in a shouting match in the middle of an open-plan office. This resulted in a formal letter of complaint being lodged with HR.

As part of the organization’s grievance procedure, an informal dispute resolution process was offered to both parties by HR, to avoid a formal investigation into the matter, with the possibility of disciplinary proceedings.

Following consultation with HR and information provided by BASS Mediation, on the benefits of mediation, both parties agreed to engage in the mediation process in an attempt to resolve their dispute.

This proved to be an interesting case, as it turned out that their interpersonal issues started with a misunderstanding about a training process several months previous, and one party believing the other party was purposely belittling their learning style, which proved not to be the case.

The boiling point was when one of the parties asked the other how to do something before a deadline, and when the other party stated “Look it up on YouTube, like you are so good at” was the final straw, that resulted in months of underlying tension and misunderstanding being vented in an open plan office and a loud shouting match on both parts ensued.

Through the use of our structured mediation process, both parties were able to explain their version of events from the beginning to the other party and the other party was able to actually listen, for the first time in months!

What was interesting was once both parties began to realise that certain misunderstandings had taken place, they realised that they were interpreting everything the other party did as a threat or an intention to hurt, which by the end of the mediation process was recognised by both parties as not being true.

Using a transformative mediation approach, both parties agreed, with each other to put the past behind them, and during the mediation, worked through an understanding of how they would work together in the future, including a process they would use to resolve misunderstandings. (Their own code)

Within their agreement, they agreed that the formal complaint would be retracted and considered the matter closed with HR.

Due to the nature of the confidentiality of the mediation process, all names have to be protected and general information only is given based on an actual case. BASS Mediation was recently engaged by a married couple, to support them in reaching their separation agreement.

Background

The couple had been separated and living apart for 2 years. The husband contacted us as he wanted to formalise the separation and to also put in place a parenting plan. We contacted the wife and she was open to using mediation for their separation.

After an initial consultation with both parties, the mediation process began. During the process, both couples engaged within an environment that was conducive to having a frank and honest exchange, and from the outset, this was the case in this instance.

During the process, both parties voluntarily exchanged their financial details and we were able to examine the finances of both and did a sustainability test after much discussion both couples were able to outline the framework of their agreement and after this, an agreement was reached on the financial aspects.

Both had dependent children and a suitable parenting plan was put in place by both. This was achieved after trialing a temporary plan during the course of the mediation process.

An agreement was reached and both couples sought their own independent legal advice before signing our legally binding separation agreement. The couple in this case opted to use this in their application for divorce.

This case demonstrates how both couples engaged with the process. The atmosphere was cordial and at times it was emotional but with the assistance of our experienced mediators, we defused the tension and help the couple navigate their way through unchartered waters. IT was important to assist both parties to see where the other was coming from and consider their point of view when exploring solutions. We also found that some homework was required by both couples who were able to have it ready for the next round of mediation.  During the time in between sessions both reflected on the previous session and asked questions to each other and this is where they both got clarity on where the other point of view lay.