Overview
An international company was involved in litigation in South Africa and was represented by an attorney and an advocate. However, during settlement negotiations, the CEO became dissatisfied with the advocate’s statements to the opposing attorneys. The company instructed the attorney to inform the opponents that the advocate was not authorized to make such statements, which led to the advocate becoming enraged.

 

The CEO attempted to resolve the matter, but the advocate refused to discuss the issue until the attorney made a retraction. Unfortunately, the relationship between the CEO and the advocate became irreparably damaged, causing the appointment of a new advocate far into litigation, ultimately harming the case.

 

Challenges
The main challenge in this case was to resolve the dispute between the CEO and the advocate, while also ensuring that the litigation was not negatively impacted. The advocate’s hostility and refusal to communicate with the negotiator complicated the situation and led to further damage to the case.

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Solutions
In this case, a negotiator was not initially used, leading to irreparable damage. However, had a negotiator been involved from the outset, the situation could have been resolved easily without damaging any relationships, and the case would not have been harmed. A skilled negotiator could have facilitated a conversation between the CEO and the advocate, finding common ground and working towards a solution that would have satisfied both parties.

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Results
The lack of a negotiator led to the appointment of a new advocate, far into litigation, causing harm to the case and the company’s interests. This case highlights the importance of having a skilled negotiator involved in legal disputes.