Resolving a commercial dispute without going to court

Client B had been the CEO.  Client B suffered burnout and decided to step down as CEO but to remain as a director and shareholder.  The other directors contrived to remove Client B both as a director and shareholder from ASIC records.  When challenged, the remaining directors and shareholders refused to provide compensation to Client B or to reimburse him, retained profits which Client B had kept in the company's current accounts as working capital. 

The company's argument was the Client B had unlawfully stolen clients for his own use and benefit and had misused company confidential information.   

The dispute had become extremely personal.  Client B had been effectively ostracized from family gatherings.  The dispute was starting to effect Client's B physical and mental health.  Formal litigation was not an option.

Michael Pickering suggested and organized a private mediation with the other directors and with Client B.  All parties were legally represented.   As a result of the clash of personalities between Client B and his uncle, the mediation at first appeared to have little likelihood of success.   Both sides appeared to have got themselves into entrenched positions.   

Towards the end of the mediation, Michael suggested that a private meeting take place between Client B and the CEO of the company who was the most approachable director.  At first, Client B's uncle insisted that the private meeting involve him.   Michael Pickering had to persuade the uncle that this was not appropriate in such a way that the uncle would not lose face and become obstructive.

As a result of the private meeting, a settlement was reached in 30 minutes.