The pandemic is producing novel disputes where neither party can say the other is at fault. Insisting on contractual remedies is of little value, particularly where performance is no longer feasible or security is no longer sufficient. Short term fixes are inevitable but they often just store up trouble. Renegotiating contracts in the context of such an uncertain future requires open and frank conversations but this is often not possible where the level of trust between the parties is not high. Can the assistance of an experienced, independent third party facilitate the discussions necessary to help the parties find their own solution?










