Mediator :- (OpensD). Good-day Betty and Veronica! How can I help you today? (Brief Silence). Betty would you like to speak first or you rather Veronica begin? (Brief silence).
Mediator: - What is so upsetting? I guess you have been friends for a long time to have entered into a business relationship. How has it been going?
Betty:-Veronica lives in the area where our shop is located. I met her with customers. But the business was going to the ground. I invested in restructuring the entire operations even putting in more than she did. Now, secretly she is keeping 25% of the income we receive each time these clients visit the shop.
Mediator: - This is very interesting! But may I ask both of you before allowing Veronica to speak, did you draw up a contact when you started the business.
Betty and Veronica: - Certainly we did!
Mediator: -Veronica let me hear what you have to say about this matter.
Veronica: -As you discerned we were friends for a long time. I owned this business and needed someone to partner with since I realized that I could not have handled the financial commitments alone. I asked Betty and she genuinely consented.
Mediator: So what went wrong within the year?
Veronica:-It world appear that she is upset because I take 25% of the profits for myself.
Mediator: How do you feel about that?
Veronica: - It is my right since without my original customers there would have been no business. They are my investment while the money she spent is hers.
Betty: - (turns beet-red, leaps to her feet, and shouts). This underhanded creep! I wouldn’t trust her as far as I could throw a stick! I don’t see any alternative except to sue her blind. I’ll make her rue the day she ever tried to cheat Betty Bouffant!”
Veronica: - (Responding). I have not taken anything from you. You got your share and I got
mine too! You can do the hell you like. I did it and I will do it again. There is nothing in the contract that states that this cannot be done,
Mediator: - O.K ladies fighting would not settle it! You just have to calm down. Take a deep breath and listen. Where is the contact?
Veronica: - I did not bring mine. Do you have yours Betty Bouffant?
Betty :-( Still red- and on her feet). Yes! I have mine. (Reaches in her pocked book and pulls out the document). When I am done you pay me back every dime of what you stole.
Veronica: - I keep telling you I have not taken anything from you.
Mediator: - (Receives document and makes a copy for Veronica.) Let us now go over the obligations for both parties. It states here that the profits are to be shared between you both and that each one is entitled to whatever tip the customer offers. The tip belongs to the individual who conducted the job for the particular client.
Betty: So doesn’t that mean that we were to share the profits equally?
Mediator: Not exactly!
Betty: - What! It is written there in the contract.
Mediator: - Again I am asking you to simply settle down and listen so that we can come to an amicable resolution to this situation.
Betty: What you are trying to tell me has no amicable resolution because she is a downright cheat and she must pay.
Veronica. (Smiles and attempts to listen). Betty, could you please listen so that we can get over this hurdle and go back to work? The dollars you are talking about do not worth all of this.
Mediator:-Betty ,while it is agreed that you both share the profits you omitted to specify how much of it or whether it was to be equally dispersed or not. Let us go over it together again. “The profits are to be shared between Betty Bouffant and Veronica Vamp. Each one is entitled to whatever tip the customer offers. The tip belongs to the individual who conducted the job for the particular client.” (According to Contract).
Betty:-So what does that imply?
Veronica: - That I am right!
Betty: - - (turns beet-red, leaps to her feet, and shouts).This can’t be right! It can’t be right! Never right! It is not fair!
Mediator: Would you ladies just allow us this safe space to get over this issue? (Both ladies settle down and Betty sits). When drawing up a contact it is very important that each person understands what the words mean that are written on the pages as it relates to their individual intent.
When it says profits are to be shared that is just what it is. There is nothing specifying equal, Betty. While you may have quite a valid argument, when it comes to the contractual agreement it is not clear. However, it does not mean that you might not have a case.
Veronica, it might have been much better had you consulted with Betty before taking the 25%. Somehow there would have been more transparency regarding the business transaction. Definitely, Betty might have been more comfortable with the deal. Now that you both know the implications; what will you do? It is easier to compromise than to bear grudges and live a life of conflict. You have begun a business which was benefiting both of you even when 25% was removed by the other partner. Are you going to continue or Betty are you going to sue.
Veronica: - I am fine and if I have to operate the business alone I would. I am not giving up. If Betty Bouffant sues me and wins I am still not giving up my business.
Betty: What sense it makes suing if the amount was not specified in the contact. The next time I will make sure I get a lawyer and get it right. Thank you Madam, for the clarification.
Mediator: Thank you ladies for your time and I hope that I was of some help to you.
Betty and Veronica: - You sure were! (Exit-end of discussion)
References
Coltri, L. (2009). Alternative Dispute Resolution: A Conflict Diagnosis
Approach/Edition2. New Jersey: Prentice Hall
