Client: Both Parties: Developer & Contractor

Services: Mediator

Project Description

The amount in dispute between the developer and contractor was in excess of £1m. The project was the design and construction of a golf course.

The Challenge

• The Parties did not have much regard for one another and dialogue between the Parties was aggressive.
• The dispute was timetabled for a 5 day Court Hearing 3 months later with exposure to huge costs.
• At the commencement of the mediation both Parties expressed their intention to leave the mediation if other side did not change position.

The Solution

• The Parties submitted position statements 1 week prior to the mediation.
• The initial joint meeting set the tone for the day and explained the mediation process.
• Joint and private meeting sessions took place throughout the day and specific evidential matters were explored.
• Through open dialogue with the Parties the mediator was able to establish some pressure points and levers for further consideration.

The benefits

Better

• We successfully created a sense of realism in respect of both Parties by using the pressure points and levers.
• The Parties after much exploration finally reach agreement after 8 hours.

Cheaper

• We saved both Parties considerable additional costs further formal proceedings were avoided.
• The Parties maintained a relationship.

Faster

• Settlement through the mediation process saved the Parties considerable time and allowed the Parties to concentrate on current business matters.

Simpler

• Given our substantial experience in the dispute resolution process and more specifically mediation, we were able to deal with the issues quickly and support the Parties to arrive at a settlement agreement.