| Case study: Mediation - Jake and Gus
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This case study asks students to look at alternative methods of resolving a dispute rather than going to court.
Additional information
The claim is issued by Jake against Gus - who is the owner of the tattoo parlour. Gus is vicariously liable for the actions of the artists who work for him; as such he is under a duty of care to his customers to ensure that he provides a clean and safe environment, and equipment under existing legislation. He must also ensure that the artists that work for him are of a satisfactory standard.
Mediation in this case demonstrates how an expensive trial with accompanying delays can be avoided if both parties are prepared to talk to each other.
Mediation is especially useful for people in the following situations:
- They want to maintain a relationship with the other side once the dispute is over.
- They want to stay in control of the process and not hand it over to the judge.
- They want the dispute and settlement to be confidential.
- There may be outcomes that can be agreed which a judge could not award.
- They want to look for a settlement rather than take the risk of a judge finding against them.
- They are neighbours or businesses who deal in the same local area or type of work.
Because both Gus and Jake had a hand in shaping the outcome of the disagreement, they felt a fair solution had been reached.
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