CEDR Mediator Eve Pienaar discusses power imbalances in construction mediation cases
Video Contents:
Intro
The claimant was unable to bring the claim because they had gone insolvent
Big residential construction dispute in London
Three adjudications already carried out on extensions of time
The individuals had already racked up hundreds of thousands of pounds in legal disputes and were seeking a claim of over £2million
Getting to the solution
Exploring the final accounts and looking at how the parties had parted ways
The way to move past was to have numerous joint sessions
Using a screen to display the final account so both parties could decide where they could see some potential movements and concessions
They didn’t settle on the day because they had unrealistic expectations going into the day, but because of the joint sessions, they were able to settle soon after with the help of the mediator
