Mediation within a consortium
We help business partners who are stuck in a deadlock during the implementation of a joint project. We analyze the contract terms and look for room for financial or operational compromise. Often 11 hours of joint talks are enough to unlock a project worth millions. We act quickly because we know that time means contractual penalties.
Resolving disputes over costs and deadlines
Most conflicts in consortiums start with unclear provisions regarding additional work or contractual penalties from the investor. Since 2016, we have been dealing with cases where three or four companies cannot reach an agreement on settling invoices. Honestly, it's rarely about bad will, and more often about different interpretations of the budget. In March 2024, we conducted mediation in Poznań, where a dispute over 142,000 PLN was blocking a payment of 2.1 million PLN. We build the architecture of compromise, focusing on numbers rather than mutual accusations.
Downtime costs and real savings
Penalties for one day of delay on infrastructure contracts range from 3,200 PLN to as much as 17,500 PLN. Our statistics from the last 18 months show that a mediation lasting an average of 11.5 hours allows the parties to return to work on the construction site within 4 business days. Instead of waiting for a court verdict, which in Poland is issued after an average of 3.5 years, the partners set a new payment schedule. In October 2024, we helped settle 23 disputed budget items in just two days, which saved the liquidity of a smaller subcontractor.
Chodkiewicz & Partners working method
We don't start with talks at the table. First, our team, currently consisting of 6 people, conducts an audit of project documentation and the consortium agreement. We look for touchpoints, i.e., places where the interests of all parties converge. It often turns out that the error lies in the way progress is reported, which we discovered in one project in July 2023. Only after analyzing the facts do we invite decision-makers to a strategic session at our headquarters at Roosevelta 22 St. or in a neutral place chosen by the parties.
Effectiveness confirmed by facts
In the fourth quarter of 2024, we closed 7 disputed cases, 5 of which ended with the signing of a settlement before a notary in less than 24 days from the first contact. Facts beat emotions, which is why during mediation we operate with hard data from the construction log and bank statements. We help avoid a situation where the consortium leader blocks funds for partners, which usually leads to the paralysis of the entire investment task. In one case from June last year, we unlocked 47 overdue transfers that had been waiting for approval for over 4 months.
What do consortium partners receive?
Our goal is a quick return to contract execution. After the mediation is finished, the parties receive a specific roadmap from us, which includes:
- A detailed financial settlement protocol accepted by all partners.
- A new division of operational risks for the remaining project period.
- A payment schedule linked to real technical acceptances.
- Provisions protecting against the recurrence of the same dispute.