In April 2025 in the Kluwer Mediation Blog series, and in coordination with International Arbitrator Paul Sills (Kluwer assistant editor), we co-wrote an article about the multifaceted engagement role of a mediator in relation to misaligned or conflicted software project contracts. This article reflected in part my practical experience in a number of recent appointments to misaligned large transformational government agency software projects.

In the article, the initial preparatory actions by a mediator with the parties including relationship dialogue and technical and commercial issue triaging. This then leads to an agreed Agenda without prejudice for subsequent workshop sessions. The article also addresses the use of a progressive detailed negotiation framework. Finally, set out insights and guidance on managing and reinvigorating relationships that are affected by party fatigue and crisis of confidence.