Signing the protocol
A document that ends the project impasse
At Chodkiewicz & Partners, we know that mediation without a hard ending is just an expensive conversation. Signing the protocol is the moment when facts win over emotions. Usually, this happens after 2 or 3 strategic sessions, when the parties are already tired of the conflict and want to return to work. A document lands on the table that precisely describes who, when, and how much they will pay or what corrective work they will perform. This is not a general declaration of intent, but a set of 7 concrete technical and financial points that resolve the dispute. Since 2016, we have led to the signing of 94 such settlements in construction and IT cases.
We look for touchpoints that allow us to move forward with construction or system implementation without waiting for a court verdict. In the protocol, we record a repayment schedule divided into 3 stages, which gives financial liquidity to smaller subcontractors. We also add clauses on waiving further claims for delays from the previous quarter. We prepare the document in 4 copies so that each consortium member has their original. We lead disputes worth from 160 thousand to 3.2 million PLN, ensuring that every digit in the protocol is checked by our analyst.
Legal force and practical benefits
A mediation protocol has the force of a court settlement if it is approved by the relevant district court. In Poznań, the approval process usually lasts from 4 to 7 weeks. During this time, the parties can already normally implement the contract, because the protocol gives them legal security and suspends the statute of limitations. We focus on ensuring that each party leaves the room at Roosevelta 22 St. with a sense that the architecture of compromise has been maintained. There is no room for fluff here — deadlines and net amounts count.
- Precise division of contractual penalties between 2 or 3 consortium entities.
- New, realistic date of final investment acceptance postponed by 45 days.
- Rules of direct communication between the project manager and the board.
- A list of 14 technical faults to be repaired within a strict deadline of 21 days.
- Establishing a fixed lump sum for additional design work.
Our 8 years of experience in mediation shows that the moment of signing itself changes the atmosphere in the entire consortium. A closing session usually lasts 3.5 hours for us. During this time, we polish the last commas in the presence of lawyers from both sides, so that no one has any doubts about their duties. Sometimes we are tired, but the satisfaction of closing a dispute that lasted 14 months is worth it. After signing the protocol, we send it to court within 48 hours to obtain an enforcement clause as quickly as possible.
It is worth remembering that the protocol is not just a paper for the court, but above all a manual for further cooperation. If new doubts appear during execution, the parties return to these provisions instead of writing pre-trial demands to each other. This is a saving of 12-15 thousand PLN on legal handling of the conflict alone. Honestly, rarely do sides need additional meetings after signing such a document. The facts and numbers contained in the settlement simply close the discussion.