Outcome:
- Human resources of both parties are tied up for two and a half years.
- The costs involved are enormous, most of which the loser, Marktriese, has to pay, but Einstein too in part.
- No improvement in Einstein’s earnings.
- Marktriese forced to work with an outdated, more expensive method.
Alternative Mediation
The mediator achieves in five 2-hour sessions that both directors clearly realize what they need to give and take.
- Einstein wishes to improve earnings by using the patent
- Martriese wishes to produce more cost-effectively
After the sessions both parties agree to the following solution: Marktriese pays to Einstein a lump-sum of 10,000 EUR for past use of the method. In addition, Marktriese receives from Einstein a license to the patent to the extent that Marktriese as a kind of item licence pays Einstein a third of cost savings having resulted from application of the new method.
Benefits of mediation as compared to solving the conflict before court
- short, low-cost procedure to solve the conflict
- improvement in Einstein’s earnings
- Marktriese able to use the low-cost method
The outcome is thus a win-win situation from which both parties benefit when considered allin- all economically. Although more likely to be ascribed to family conflicts, in business too, fighting competition is a highly emotional affair, resulting in a firm striving to “bash“ a competitor sometimes losing sight of what is actually in its better interests.
