• Mediation demands total confidentiality. So this case history contains no names or details.
  
• The dispute involved complex copyright and intellectual property issues, in which two parties claimed what might have been overlapping rights.
  
• Both parties claimed that exclusive rights to material had been violated.
  
• Both parties were very, very angry.
  
• Both had already wasted a great deal of money on litigation.
  
• However, there was no solution in sight; merely an ever-deepening state of distress.
  
• So first, I persuaded them to stop shouting at each other - and start talking sensibly to me.
  
• However, eventually we all realised that mere facilitation was insufficient. Confronted by entrenched positions, I took an evaluative role.
  
• Neutrality and impartiality were, of course, essential.
  
• Using analysis and report-creating skills similar to those honed in other areas of my consultancy work, I provided a non-binding recommendation of a Terms of Settlement.
  
• Based on the needs of the adversaries, rather than on what a court might order, I placed particular emphasis on the future of their commercial relationship.
  
• I then produced a draft Consent Order for their legal advisors to place before the court to end the litigation.
  
• To my delight - and the amazement of at least one of their solicitors - the parties were convinced.
  
• This was possibly the most difficult - but also the most satisfying - task I have undertaken in my professional life.
  
• Thank you, to all concerned.

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