Mediation ends years of Supreme Court litigation
A leading resources company discovered that a subsidiary was embroiled in complex litigation arising from the major upgrade of its processing plant and transport facilities. Litigation in the local Supreme Court had been running for several years.
An alternative to litigation was implemented via a tailored mediation. The mediator was handpicked for his particular skills and background. The core existing team was utilised but supplemented and guided. The process enabled a sufficient degree of shifting in legal positions, without those changes threatening the process or outcome.
The matter was resolved successfully. The way in which the process was tailored resulted in the management of the subsidiary 'buying in' to the outcome. The resolution was achieved in time for our client to proceed with corporate takeover activity without the impediment of substantial unresolved litigation.
Alternative dispute resolution for a government department
A government department faced extensive arbitration claims from a highly aggressive and litigious contractor. The claims related to a high-profile project. The project work was ongoing and the claims were progressively increasing. Negotiations had broken down, apparently irretrievably.
It was critical that any outcome be transparent and survive very public scrutiny. A tailored senior executive appraisal process was implemented, in combination with a flow-on facilitated negotiation framework.
The matter was resolved. The positive outcome facilitated an accelerated completion of the project. Some constructive changes to the remaining contract obligations were agreed, so as to reduce the future administrative burden for both parties and effectively avoid any further disputes arising.
Mini-trial resolves construction delay dispute
A major infrastructure and construction project with private and government stakeholders was running very late. Substantial claims and cross claims had been made by numerous parties.
The issues were addressed appropriately by an abridged binding hybrid conciliation/mini-trial process.
The matter was resolved. It also relieved the pressure and public focus on the project generally. The settlement preserved an important ongoing relationship between some key parties, who have since transacted further business.
Mediation resolves plant performance issues
A consortium of participants to a major plant upgrade fell into dispute. Significant issues affecting performance of the plant arose. They also impacted on downstream operations.
A hybrid facilitation/mediation structure was implemented but on a staggered basis.
The matter was resolved. Parties appreciated the fact that their involvement was effectively tailored and appropriate.
Negotiation session successful after major accident
A major accident resulted in significant losses for the operator and a number of associated parties. The client had already attempted to pursue a resolution. However information could not readily be obtained and it was quickly realised that too much was at stake to try to resolve the matter without expert support.
A carefully focused campaign of information gathering and strategic communications was undertaken, followed by a direct negotiation session.
The matter resolved very amicably. Our client had been generally optimistic about a resolution because of the ongoing relationship. However, they had never anticipated that a settlement would be reached on terms so favourable.
