Inter-Project Strategies
Case studies
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.
The management of the subsidiary were adamant that any alternative to litigation would be futile. On review, it was identified that the legal teams were mismatched, with the opposing team applying more specialist skill sets. It was also discovered that legal advice and strategic information was almost certainly leaking from the subsidiary at board level.
A tailored mediation was implemented, with carefully structured preliminary steps. 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 actually embracing the process and '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, which was an obvious target for industrial problems and disputation. The project work was ongoing and the claims were progressively increasing. The contractor was tactically minimising claim information, maximising costs pressure and blocking any fast track resolution initiatives. Negotiations at the highest level 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. Strict rules of executive participation were set. The resolution process developed a real shift in dynamic. The final decision makers were kept out of the formal process almost until the end.
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 various parties involved had very different and competing interests. Some issues were effectively impeding resolution of other issues. In other respects, the issues in dispute were aggravating and compounding claims.
Various issues were identified and isolated, including their interrelationships and relative strengths. Different issues were dealt with in different ways. The key permeating issue was addressed appropriately by an abridged binding hybrid conciliation/mini-trial process.
The matter was resolved. This facilitated a number of other issues being resolved. It also relieved or avoided a lot of 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. These issues embroiled all participants, big and small, including insurers. They also impacted on downstream operations.
The number and diversity of the parties was a real problem. Also, it was clear that only some parties were inclined to seek a resolution. Other parties were either strategically difficult or focused on other things.
A hybrid facilitation/mediation structure was implemented but on a staggered basis. The process was staggered in terms of time and participation. The process contemplated no outcome being achievable initially. All parties were involved in the initial stages but the process catered for parties moving in and out of the process as it progressed.
The matter was resolved. The process took longer than intended but the flexibility of the process, combined with perseverance of the team, paid off. Parties appreciated the fact that their involvement was effectively tailored and appropriate. A high level of trust was generated by the way in which this occurred.
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 on the basis that an outcome should flow from an understanding of the real problem. 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 anyway.
There was limited information available. Most information was well protected, quite deliberately. Ongoing relationships were highly valued and needed to be protected. However, those relationships were also arguably being abused. There was uncertainty as to whether the insurance cover of another party would respond and, if so, to what extent.
A carefully focused campaign of information gathering and strategic communications, including using third parties, was undertaken. These steps were a deliberate precursor to a planned direct negotiation session, which was effectively set up for the best strategic outcome.
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. The strategic and deliberate preliminary analysis and steps were critical in establishing an environment in which to achieve the best possible outcome, even between parties well known to each other.
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.
The management of the subsidiary were adamant that any alternative to litigation would be futile. On review, it was identified that the legal teams were mismatched, with the opposing team applying more specialist skill sets. It was also discovered that legal advice and strategic information was almost certainly leaking from the subsidiary at board level.
A tailored mediation was implemented, with carefully structured preliminary steps. 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 actually embracing the process and '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, which was an obvious target for industrial problems and disputation. The project work was ongoing and the claims were progressively increasing. The contractor was tactically minimising claim information, maximising costs pressure and blocking any fast track resolution initiatives. Negotiations at the highest level 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. Strict rules of executive participation were set. The resolution process developed a real shift in dynamic. The final decision makers were kept out of the formal process almost until the end.
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 various parties involved had very different and competing interests. Some issues were effectively impeding resolution of other issues. In other respects, the issues in dispute were aggravating and compounding claims.
Various issues were identified and isolated, including their interrelationships and relative strengths. Different issues were dealt with in different ways. The key permeating issue was addressed appropriately by an abridged binding hybrid conciliation/mini-trial process.
The matter was resolved. This facilitated a number of other issues being resolved. It also relieved or avoided a lot of 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. These issues embroiled all participants, big and small, including insurers. They also impacted on downstream operations.
The number and diversity of the parties was a real problem. Also, it was clear that only some parties were inclined to seek a resolution. Other parties were either strategically difficult or focused on other things.
A hybrid facilitation/mediation structure was implemented but on a staggered basis. The process was staggered in terms of time and participation. The process contemplated no outcome being achievable initially. All parties were involved in the initial stages but the process catered for parties moving in and out of the process as it progressed.
The matter was resolved. The process took longer than intended but the flexibility of the process, combined with perseverance of the team, paid off. Parties appreciated the fact that their involvement was effectively tailored and appropriate. A high level of trust was generated by the way in which this occurred.
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 on the basis that an outcome should flow from an understanding of the real problem. 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 anyway.
There was limited information available. Most information was well protected, quite deliberately. Ongoing relationships were highly valued and needed to be protected. However, those relationships were also arguably being abused. There was uncertainty as to whether the insurance cover of another party would respond and, if so, to what extent.
A carefully focused campaign of information gathering and strategic communications, including using third parties, was undertaken. These steps were a deliberate precursor to a planned direct negotiation session, which was effectively set up for the best strategic outcome.
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. The strategic and deliberate preliminary analysis and steps were critical in establishing an environment in which to achieve the best possible outcome, even between parties well known to each other.