Why should parties resort to mediation?
Mediation is particularly relevant when parties want to preserve their commercial or contractual relationship. Indeed, the mediator helps them find a common solution without excessively favoring one party over the other and which is satisfactory for both. In the present case, mediation allows the contract to be performed and avoids a lengthy and costly litigation, or even having to find a new contractor to finish the project.
A dispute has escalated between a project owner and a contractor
The project owner and the contractor have a disagreement that they are unable to resolve satisfactorily and seek the help of a mediator to find a solution, resume performance of their contract and finalize the construction of the plant.
Our client's challenge
The success of conventional mediation
The parties have opposing positions regarding the performance of their contract. The project owner argues that the contractor’s performance is delayed in breach of the contractual deadlines, while the contractor argues that responsibility for the delay results from the project owner’s errors in the technical assessments conducted before the contract was signed.
The contractor and the project owner want to avoid submitting their dispute to a state court or an arbitral tribunal in order to find a swift and cost-effective solution and finalize the construction of the plant.
The parties wish to seek the help of a mediator, preferably accredited by an organization attesting to his or her competence, to act as an independent third party and accompany them in finding an amicable solution satisfactory to both parties.
The mediator’s role is to bring the parties together and to propose innovative solutions enabling them to find an acceptable solution for all and settle their dispute as quickly as possible.
Our way
The establishment of an efficient and fair working method that facilitates the exchange
As a mediator, it is necessary to take responsibility for the organization of the mediation in order to establish a climate of trust between the parties. To achieve this, it is important to remind the parties of the principle of mediation, the neutrality of the mediator, confidentiality, and the voluntary nature of the process.
The mediator must then analyze the facts and identify the key points of the dispute. To do this, the mediator must allow the parties to express themselves freely and listen carefully while trying to structure the different positions. The goal is to allow the parties to hear and understand each other’s position, to generate potential solutions to the dispute, and to narrow down the fundamental issues for each party.
The goal of the mediator is to bring together the positions of the parties and find solutions that suit both parties, in this case the contractor and the project owner.
The agreement will then be formalized in writing and the relationship between the two parties will continue in the interests of both parties.