Executive Dispute Resolution

When to use it: EDR is appropriate for use:

  1. When the Parties want to resolve the matter quickly and cheaply.
  2. The dispute has been handled to date by managers and other personnel connected with the project at the job level.
  3. There are senior managers who believe they can act objectively in an appraisal of the matter and reach a negotiated agreement that serves the needs of the Parties' respective businesses.
Please note the prices shown are per party.

Scope of the Service

The key to using EDR successfully is a genuine desire on the part of each Party to collaborate in designing the dispute resolution process and then applying it with a view to achieving a commercially realistic, robust and legally binding settlement.

Getting started with EDR is easy.  The Parties can agree to enter into an EDR agreement and start the process immediately or, where one party wishes to proceed in this way but the other party has not yet signified its agreement, the mediator will assist by explaining the EDR process to that party and encouraging its participation.  Once both parties have indicated their willingness to participate in the EDR process the the First Intake Meeting is arranged.  (Note: where EDR cannot proceed becaise one party is reluctant and cannot be persuaded to participate then any fees paid are refunded less our administrative costs in accordance with our Terms of Sale).

EDR comprises the following stages:

  1. Intake Stage - the point at which EDR is formally agreed, a protocol for the management of the dispute resolution process is established and communications made with the project participants and legal representatives.
  2. Hearing Stage - which commences with the presentation of the Party's respective cases to senior executives and the mediator.
  3. Negotiation Stage - during which the senior executives attempt to resolve the dispute with the assistance of the mediator.
  4. Settlement Stage - where the Parties' legal representatives document the agreement reached.
In the event that a settlement is still not reached by the senior executives then further assistance is provided by the mediator in the form of an evaluative opinion.  This may assist the senior executives to subsequently reach a negotiated agreement.

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