The amount was equal to the loss the company suffered when the two suppliers failed to abide by a quote they had given for the delivery of an IT solution in compliance with detailed tender documents.
The suit included 16 pages with 35 appendixes and comprehensive defence motions with a large number of documents.
With both parties’ permission, the case was sent to mediation. Two mediator attorneys took part in the case, along with 3 attorneys representing the parties and a further 8-9 persons, including decision makers from each of the 3 parties.
During the mediation a positive atmosphere was quickly established, and all 3 parties had the opportunity to discuss in detail their perception on how the process unspooled. In particular, a number of non-legal arguments were presented.
After four hours’ negotiations with a very positive spirit, the parties were able to reach agreement on a plan in which one of the companies paid 1/3 of the amount requested, while the other agreed to deliver a number of free consulting hours.
For the latter party, it was of critical importance to show the claimant that the company was a serious consulting house that could deliver a good product. The claimant demonstrated through the settlement that it continued to have full confidence in the consulting company.