In 2000, we embarked on a pioneering project with the State of Jersey on the construction of their £15m Alpha Taxiway at Jersey Airport. This initiative marked the first commercial use of a dispute resolution service known as Contracted Mediation – a proactive approach designed to operationalise dispute escalation protocols and enable the swift resolution of issues before they escalated into entrenched disputes.
Midway through the project, a significant disruption occurred in the finish of the taxiway. Under normal circumstances, this could have triggered a prolonged and costly dispute between the airport and the main contractor. However, thanks to the pre-agreed Contracted Mediation process, a panel of independent mediators from ResoLex were rapidly deployed. Over the course of a two-day partnering workshop, they facilitated a deep dive into the problem, working with both parties to seek a constructive path forward.
Crucially, the ResoLex panel approached the issue from a needs-based perspective rather than a rights-based one. Rather than focusing solely on contractual entitlements, they explored what each party needed in order to move forward productively. By mapping out several possible scenarios and outcomes, the panel helped the team realise that continuing a dispute would only divert valuable time and resources. Instead, both parties agreed to prioritise resolution and recommit to the successful delivery of the project.
Following the intervention, both the client and contractor reported that the process had been transformational. They described a sense of relief, a renewed focus on shared goals, and a shift in project culture – resulting in what we would now term a ‘collaborative relationship’. The project team realigned around the question: What does each party need to be successful, and how can we support that?
As a result, the Alpha Taxiway project was completed on time and under budget, despite the challenges encountered mid-project.
Key Takeaway
This experience demonstrated that performance improvement through collaboration requires more than good intentions – it depends on creating a project culture that values needs as well as rights. Contracted Mediation proved to be an effective tool in fostering that culture, turning a potentially confrontational situation into a collaborative success story.
We were gobsmacked and amazed at how quickly and simply ResoLex helped us all reach a satisfactory agreement. – Client representative