Kensington Swan print logo

Mediation and negotiation

Most construction disputes are resolved by mediation or negotiation. Our specialist litigators are highly experienced in assisting clients to achieve enduring and cost-effective settlements.

Avoid the cost and risk of formal legal proceedings

Legal disputes can seriously damage your business in several ways. There are the obvious financial risks but there is also wasted staff time, reputational damage, and lots of heartache.

Mediation and negotiation are dispute resolution methods that allow parties to reach sustainable and often innovative solutions that are accepted and owned by all parties.

Our lawyers can advise you on all resolution options. We will help you understand the risks and benefits and formulate a strategy which maximises your business objectives.

 

Recent experience


International oil company

Our client was claiming losses of more than USD100 million in a dispute with an Australian manufacturing company, for the alleged late supply and faulty manufacture of large items of plant. We provided advice on a range of solutions, and the parties agreed to mediate. We helped our clients develop the mediation strategy, and the parties reached a successful settlement at the end of a three-day mediation.


Australasian engineering firm

We acted for an Australasian mechanical and electronic engineering firm in a multi-million construction contract dispute. It involved the interpretation of contract terms and variations. We proposed a mediation that resulted in a favourable settlement and our client avoided a protracted and costly arbitration. The estimated cost of arbitration was expected to be many times the cost of mediation in this case.


Large government department

Our client was involved in a dispute with consultants over a residential justice facility constructed in a rural location in New Zealand. The dispute involved allegations against the consultants that they failed to provide accurate and timely advice to the department on a significant aspect of the site development. The department wanted to negotiate directly with the consultants, and we reviewed communications between the parties and provided advice on resolution options. We also provided ongoing advice to departmental staff as they negotiated a successful resolution.



Related legal services

Dispute resolution

Send us your feedback

Did you find this page useful or interesting?