K and M had previously been working together in a debt collection business founded by K. K was to be responsible for business development while M ran the administration and accounts. A quarrel subsequently ensued between the two over K’s huge monthly entertainment claims. M finally decided to leave and start up his own debt collection business. A few of the original company’s clients followed M.
K and M brought along their respective finance managers to the mediation in a bid to highlight the financial impact of M’s new business. Strong and colourful language was exchanged between the men as each highlighted their own contributions and the failures of the other. Both believed their case to be water tight and neither wanted to back down.
After a few private sessions getting to know K and M better, Aloysius decided to test the dynamics in the room by asking both K and M to meet without the financial managers present. The tone of the exchange morphed significantly. They spoke about being “brothers” and following a “code” and how it was important that neither made the other lose face in front of their staff.
In this setting, the dispute was quickly settled and both sides agreed to maintain strict confidentiality on who made the first offer to settle.