Issue Resolution & Mediation
De-risk disputes before they derail your project.
Diaspora Errands provides structured, neutral facilitation to resolve conflicts among owners, contractors, developers, suppliers, and professional teams. We combine fact-finding on the ground with disciplined negotiation to reach practical agreements—fast—so work can continue and costs remain controlled.
Issues We Resolve
- Payment disputes (milestones, variations, retention).
- Quality & defects (non-conformities, rework obligations, snagging disagreements).
- Delays & extensions of time (access, approvals, weather, supply chain).
- Scope creep & change control (verbal instructions, undocumented extras).
- Handover disagreements (incomplete works, testing/commissioning evidence).
- Neighbour/landlord issues (access, nuisance, encroachments).
- Documentation gaps (missing drawings/BoQ, unclear specifications).
How the service works
Phase 1 — Intake & Standstill
Conflict intake: Receive summaries from all parties, the contract/BoQ, programme, instructions, correspondence, and payment claims.
Standstill protocol: Encourage a short cooling-off period (no irreversible actions) and agree who can decide (authorized signatories).
Phase 2 — Fact-Finding
Document review: Contracts, drawings, variation orders, approvals, test certificates, and payment applications.
Site verification (if relevant): Independent inspection to validate workmanship, quantities (observational), and status versus milestones.
Issue framing: Convert grievances into clear, discrete issues with evidence bundles.
Phase 3 — Mediation Sessions
Opening positions: Each side states objectives and constraints.
Joint problem-solving: Explore options (e.g., rework with deadline, price adjustment, part-payment on escrow, revised sequence).
Private caucuses (as needed): Manage sensitive information, reality-test proposals, and remove blockers.
Phase 4 — Agreement & Closure
Terms of settlement: Draft a written agreement (MoU or settlement note) capturing actions, deadlines, payment triggers, and evidence required.
Action tracking: Monitor compliance (e.g., re-inspection after rework, proof of deliveries, escrow releases).
Escalation path (if no agreement): Provide a concise without-prejudice summary and options for next steps (e.g., expert determination, arbitration, or recourse via your advocate).
What you receive (deliverables)
Issue list with evidence references (documents, instructions, site photos).
Positions of parties and key constraints.
Risks, costs, and time implications if unresolved.
Session notes, options discussed, and unresolved points (if any).
Draft settlement terms with action owners, dates, and verification methods.
Checklist of obligations (e.g., rectification items, payment schedule, tests/commissioning).
Optional follow-up inspection to verify closure.
Ready to Engage Us?
Take control from abroad—engage a secure trusted on-ground support in Kenya today.
