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Mediating during an ongoing project

Facts

Client: Contractor and employer

Region: UK

Industry: Construction

Issues

CEDR appointed Nicholas Gould as lead mediator in respect of the award winning new project.

Significantly, the works were not at this stage complete, but the parties wished to resolve some substantial differences. The parties were represented by senior executives of both organisations together with their lawyers and quantity surveyors.

Solutions

The mediation commenced in the morning with opening presentations and then some detailed discussions about the issues in dispute. Towards the end of the day it became apparent that any settlement would need to take account of the unfinished work.

While a settlement was reached during the evening, it took many hours for the detail of a settlement agreement could be resolved. This involved working through the night, and a final detailed agreement was signed at 7.30am the next day.

Benefits

That settlement agreement not only settled the existing dispute but resolved various principles between the parties that could then be used to assist in the avoidance of further disputes as the project moved towards completion.