contractual disputes

Contractual disputes are becoming increasingly common in the voluntary sector, as more work is commissioned on a commercial basis. While it's important that these disputes are resolved quickly and efficiently, it's also important that the process enables the parties to learn from each other, as close co-operation with local authorities, government agencies and their outsourcers is now an integral part of public service delivery.

why use mediation?

Mediation offers a way of doing this that benefits everyone involved without taking up precious time and resources. Above all, mediation emphasises  avoiding litigation and maintaining  positive relationships for the future.

how we help

By involving us you will vastly increase the likelihood of successful resolution, whilst protecting the reputation and integrity of everyone involved. We are experienced in contractual claims, including disputes involving partner organisations, stakeholders and funding bodies.

Our mediators can also work in cases of dual or multi-party contractual disputes, including those where a wide group of individuals or stakeholders share a common interest in resolving a matter.

Case study - voluntary sector merger

Two umbrella organisations had a history of providing support to the voluntary sector in two largely overlapping geographical areas. They had coexisted for many years, enjoying a large degree of autonomy but also collaborating to deliver projects with shared funding. However, the government’s ChangeUp initiative required the establishment of a single voluntary service provider in each local authority area. In this particular case the council was the major funder of both bodies.

The situation came to a head when the local authority decided to only fund one body, meaning that the other was in danger of going out of business completely. Suddenly, a merger became imperative. It would result in a single board and just one chief executive. This was attractive to the council as a cost cutting measure - but of course some people would lose their positions and salaries and a well established organisation with years of achievement would simply disappear. Naturally, one body felt the other had received preferential treatment. It was even felt the process could be illegal on the part of the local authority.

Mediation paved the way for the merger talks to continue. There was an acknowledgement that mistakes had been made in the past but that was not an obstacle to moving forward, which it was felt would be in the best interest of the users and beneficiaries of all services concerned.

Interested?
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