Corporate and commercial mediation

Request: fulfillment of obligations and payment of penalties.  

Parties involved in mediation process: a representative of a foreign firm, their lawyers and a leading law firm.  Time spent (including time involved in the process) -- 5 hours. Failure to comply with the agreements was caused by force majeure (end of 2013-early 2014). One of the parties waived its obligations for the future due to fears of crop failure. The parties refused to apply for international arbitration. Part of the obligations were made in cash, partly in kind by applying a discount on products. Accrued penalties were partially reduced. Risk concerns were eliminated through the application of realistic liability verification techniques. Finally, parties have agreed on the following partnerships.

Sphere of activity: grain trading.

Mediators: Halyna Yeromenko, Liudmyla Syzykova

Request: distribution in kind due to division of common property -- commercial real estate.

It turned out that it was important for a woman to be autonomous as a property manager, and for a man to have access to this property in order to raise his status in the eyes of colleagues and business partners. He did not claim the profit of the business. Accordingly, it was agreed to transfer all management rights to the trustee -- their son. The husband has the right of the legal owner. Subsequently, during the implementation of the agreements reached, he gave his part of the property to his son. Husband's life interest to use a commercial real estate free of charge is maintained. It was decided not to disclose property status information.

Mediators: Tetiana Khudiakova, Halyna Yeromenko 

Request: sale of shares by minority shareholders to majority shareholders.

The main problem in the negotiations is the lack of trust in the relationship. The next day, after the price agreements were reached, parties completed all formal procedures for legalizing the agreements: some of them sold the shares more expensive that it was expected and others bought the shares cheaper than it was expected.
Business information is confidential

Mediator: Yurii Vashchenko

Request: the importer asked to agree on the issue of harmonious interaction between dealers. The dealers requested the importer to assume the duties of arbitrator in the relationship, which the importer refused. A solution has been found to involve a third independent party (expert) who enjoys the same trust in all dealers and will assume the role of arbitrator. Dealers agreed to abide by the arbitrator's verdicts. The importer made a commitment to facilitate the implementation of expert decisions.
Business information is confidential.

Mediators: Halyna Yeromenko, Olga Shepel

Request: agreement mediation (without conflict) -- creating a joint business.

The request was made by investors (parents) for mediation between the founders of the future company (children). After the process, all of participants realized the big difference in views on the division of powers, financial management, human resources policy etc. The future companions remained friends and created two businesses in parallel.

Sphere of activity: jewelry industry

Mediator: Halyna Yeromenko

Request: agreement mediation (without conflict) -- what to consider when setting up a joint business, and how to properly negotiate a barter. Mediation was conducted with one participant. The purpose is to assess the interests, risks, alternative options to meet those interests, preparing for negotiations with a future partner. Business is established, it is successfully operating.

Sphere of activity: consulting business.

Mediator: Halyna Yeromenko

Request: dispute between investors and the enterprise (7 participants) regarding the return on investment as a result of the bankruptcy of the enterprise. The parties have resolved the issue of debt payment to the investor. As a result of mediation, methods of force influence on one another were discontinued.

Sphere of activity: engineering.

Mediators: Vladyslava Riabota, Olga Shepel

Request: two friends-partners in joint business. During the leave of one of the partners, the remaining one "blurred" the stock portfolio of the other partner. Formally, all the actions were performed flawlessly. The initiator of the mediation was the partner who made the additional emission. After mediation, a solution has been found to make a gradual payment of the business value to a partner who was bailed, as one of the participants admitted. The agreement was executed during the year.

Sphere of activity: financial sector.

Mediator: Vladyslava Riabota

Request: a request to the vehicle driver (VD) for a refund to the insurance company. The accident was committed in another region. The owner of another vehicle, which was engaged in long-distance freight transportation, was also involved in mediation. The parties agreed on the amount of compensation, the insurance company provided assistance in the legal support of litigation between the driver and the victim of an accident in a proceeding in another region, the obligation to recover the amount of recourse compensation was fulfilled jointly by the both drivers.

Sphere of activity: insurance.

Mediators: Svitlana Chebakova, Volodymyr Marukhevych

Request: the Tenant demanded early termination of the lease. The Lessor did not agree to terminate the lease, but he was ready to give up on condition that contract fines will be paid and on a number of other conditions (preservation of room improvements, etc.). Such conditions of termination for the Tenant were unacceptable, because he saw violations of the contract in some actions of the Lessor that gave a “moral” right to its early termination. The dispute lasted more than two months. Both parties understood the inefficiency of appealing to the court. During the conversation with the Mediator, the Tenant said that he intends to move to a more respectable and expensive office. The Tenant also provided the address of his future office. This information has been authorized to be disclosed to the Lessor. It turned out that the Lessor is the owner of the future office, only in the person of another company belonging to him. As the result of the mediation, parties signed an additional agreement on early termination of the lease by agreement of the parties (without applying sanctions to the Tenant); Parties also signed a lease agreement for a new office. At the same time, the original terms of the contract regarding the grounds for unilateral termination were revised and set out in a wording more acceptable to the Lessor.

Sphere of activity: real estate operations.

Mediator: Ihor Zabuta 

Request: the Customer and the Contractor wish to conclude an agreement on the development of an advertising campaign and the web development. The parties, despite lengthy negotiations and a number of mutual concessions, could not agree on a price. At the same time, the Customer is interested in cooperating precisely with the Contractor -- he is attracted by quality, creativity, and Contractor’s ability to carry out large-scale projects. However, the Сustomer is limited by budget. The Contractor sees the Customer as a long-term customer and does not want to lose him, however, he cannot make price concessions for a number of reasons. During a separate meeting with the mediator, the Contractor said that he was ready to reduce the price, subject to an increase in the terms of the contract. The profit on the project is minimal. In addition, for short periods, he is forced to reorient a significant part of human resources towards the implementation of the contract with the Customer. There will be insufficient resources to fulfill contracts with other potential customers that will arrive during the period of work on the Customer’s project. However, the Contractor did not offer the Customer to increase the time out of fear of giving the impression of a “low-powered” company with limited resources.

At a separate meeting with the Customer, the mediator asked whether he was considering the possibility of extending the terms of the project. It turned out that this issue was not considered and the terms could be extended. At a joint meeting of the parties, a proposal to increase the terms of the project was received from the Customer. In response, the Contractor agreed to lower the price to a level that satisfied the Customer.

Sphere of activity: advertising business.

Mediator: Ihor Zabuta 

Request: an accident occurred - two participants, one was found guilty. The insurance company paid for auto repair to the victim. However, according to the contract, since the client of the insurance company is the culprit of the accident, he must reimburse part of the amount. The insurance company prepared documents for sending to court, but previously initiated mediation. The client was afraid of an incomprehensible procedure, he came with a lawyer. His interest was voiced by the lawyer: to resolve the issue without a trial, possibly “with less blood”, to forget about the incident more quickly. The interests of the insurance company are to quickly return funds to circulation, not to waste staff time going to court. Mediators managed to gain the trust of the client and get an ally in the person of a lawyer. The lawyer retained his fee, as during the mediation process he helped the client make a decision. The client and the insurance company satisfied their interests. We agreed that the insurance company significantly reduces the amount of the claim if the client transfers the entire amount in one payment within a week. All agreements were observed by the parties.

Sphere of activity: insurance

Mediators: Svitlana Chebakova, Andrii Butsko

Календар подій


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