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Good morning! Thank you both very much for agreeing to participate in mediation.
This is a great opportunity for you both to be able to talk matters through
and see if you can reach a resolution so that you can draw a line under this complaint.
If you do reach an agreement together, I will write up the terms that you want
and you both sign and then it will become a contract between you.
Mediation is a voluntary process so if at any time you want to leave you are perfectly free to do so.
OK, I've got a question before we carry on.
Would I be able to discuss what happened today with my friends and my wife?
One of the most important things about mediation is that it is confidential.
So, it wouldn't be appropriate for you to discuss things with your friends.
Mrs Green, what do you think about Mr Brown talking things over with his wife?
Yes, that is absolutely fine. I don't have a problem with that.
Mr Brown, is that alright with you? - That's great.
To start off with, what I'd like to do is invite each of you to briefly tell the other
how you see the situation from your point of view.
Mr Brown, as you raised the complaint, can I ask you to start?
Mrs Green, if you wouldn't mind not interrupting while he's speaking,
and then it will be your turn to talk without interruption.
Is that OK? - Yes, I'm happy with that.
When I was going through my divorce
I found out that I would be required to sell my house.
A friend of mine recommended your firm, so I made an appointment and came in to see you...
Thank you for that. Mrs Green?
After the sale of your house was made, you were sequestrated
and I had to deal with the Trustee in Bankruptcy.
That took a lot of extra time and...
Thank you very much for that.
Perhaps, if I can just summarize what I think I've heard each of you say?
Mr Brown, from your point of view...
Mrs Green, from the firm's point of view, when Mr Brown came to see you...
Does that sound about right?
- Yes -Yes
OK! So let's see how we can move forward from here.
What I would like to know is... When I got your bill,
it had all these different charges on it and I didn't understand...
The reason for that was, we'd already issued you with a Terms of Engagement letter
with a breakdown of our fees...
It seems that you both see the same situation from different points of view.
Can I suggest that I have a private chat with each of you
so that we can look at the options you might be thinking about
and see how we can move forward?
Would that be OK? - Yes.
So far, what I've heard... I'm in two minds...
I didn't know that Fred wanted an explanation about the fee.
Oh, OK! Alright, now that you know that, is there any way you can clarify matters for him?
Would it help you if I took you through your invoice and through each transaction
and talked you through how we've actually charged you for each transaction?
Yes, that would be really helpful. I just like to understand the breakdown and work out what work was actually carried out.
OK, now I understand, but I'm still concerned about these 500 pounds that I owe you.
Would you be able to pay it in instalments?
Yes, I think we can work out something like that.
Alright. Now that you have reached an agreement together, I'll write up the terms for you
What would like to say?
How about... The firm apologises for the upset caused to Mr Brown and agrees to...
I'm happy to make payment of 500 pounds in three instalments...
This would be in full and final settlement of the complaint that's been made.
So, if you'd like to check and see that that's OK and just sign where your name is.
Thank you both very much for that and for your very open and honest discussion together.
The complaint is now finalised and closed, so thank you both very much for your time.
Thank you!
Thanks, Mr Brown. - Thank you!
Thank you, Mrs Green!
-Thank you very much - Thank you!