Displaying Success: Illustrative Dispute Resolution Case Studies
With nearly two decades of experience as a mediator, arbitrator, and contract specialist, Dr. Peter Kamminga has established a reputation for handling complex disputes globally. This document presents a selection of high-value case profiles that illustrate Dr. Kamminga’s philosophy, experience, and capabilities in addressing ultra-high-stakes civil, commercial, and international conflicts. Each case summary provides insight into his track record of delivering impartial, innovative, and timely resolutions for a diverse range of clients, including companies, law firms, public sector organizations, and nonprofits.
Settling a Several Billion Dollar Cross Border Construction Litigation
A European-American consortium of construction companies and contractors found themselves in the middle of a $2.4 billion claim relating to time and cost overruns involving a key infrastructure project in the United States. Relationships between the parties were strained, with lawsuits pending in multiple jurisdictions around the country and publicity generating concern over damage to reputations.
Dr. Kamminga was assigned as a neutral mediator under the auspices of JAMS and charged with creating a multi-phase mediation strategy. Utilizing all of his experience with collaborative contracting, Dr. Kamminga explored issues forthrightly, reestablished confidence among executives across the industry, and addressed complex technical and legal issues. His structured process led to a confidential global settlement in five months and saved the parties from all bad publicity, lengthy litigation, and permanent damage to key business relationships.
Dr. Kamminga had great skill in assisting in cases with cross cultural sensitivities and [was] able to address varied constituent interests in driving toward an achievable objective.
Assisting with a Hold-Up Merger Between Health Care Organizations
Two large Midwestern hospital systems entered into merger discussions but were gridlocked over governance structures, resource sharing, and medicolegal integration. The impasse threatened to scuttle a deal that was important to maintaining rural healthcare access in a metropolitan context. Designated as a special master/neutral evaluator, Dr. Kamminga conducted an expedited neutral analysis of the parties’ interests through stakeholder interviews and confidential caucuses.
By facilitating issues identification and joint problem solving sessions, Dr. Kamminga drew on his dispute system design experience to assist the boards in adopting an integrative solution modeled by consensus for a collaborative governance structure and a phased integration roadmap to a strategic merger agreement.
- Outcome: successful merger
- Consolidated operational efficiencies
- Improved quality of patient care throughout both networks
Stakeholders noted that Dr. Kamminga was attuned to the issues in play as well as organizational dynamics and was particularly effective at conflict resolution under duress.
Bringing an International Energy Contract Stalemate to Settlement
A Fortune 500 energy company and a state-owned Asian giant were locked in a dispute over a multi-year long term LNG supply agreement – with claims exceeding US$ 750 million. The dispute involved issues of price adjustment, force majeure, and non-performance. The delivery of LNG vital to this state’s energy security was threatened.
Dr. Kamminga was retained as lead mediator to facilitate the legal, technical, and commercial teams from both sides. He devised an agreed mediation protocol accommodating time zone challenges and cultural expectations. Dr. Kamminga also arranged expert sessions to resolve more technical adjunct disputes. Through repeated use of effective shuttle diplomacy and creative solutions, Dr. Kamminga facilitated a renegotiated contract and multi-stage compensation package. Affected parties resumed cooperation, characterising the mediation as a watershed moment for their long-standing relationship.
Guiding a Government Agency in Designing a Dispute System
A large U.S. Governmental Agency with responsibility for public infrastructure needed to improve its process for resolving disputes, after a history of contractor disputes was resulting in costly project delays. Dr. Kamminga was engaged to assess the Agency’s current dispute processes and provide a design for a streamlined dispute management system.
Based on interviews with agency executive leadership, legal counsels, and key contractors, Dr. Kamminga recommended and designed a custom system focused on early intervention, tiered escalation, and training in interest-based negotiation. This model reduced formal disputes by 40% in the first year and reduced delivery schedules for major projects.
The Agency cited Dr. Kamminga as a provider of pragmatic solutions that ‘built a culture of pro-active conflict management.’
Arbitrating a Multi-Dimensional Insurance Coverage Conflict
A recent arbitration between an insurance company and a multinational manufacturer centred on coverage clauses in supply chain policies and involved claims of over US$180 million. The claim arose from the impact of a natural disaster on subcontractors and sub-subcontractors. Dr. Kamminga, appointed as sole arbitrator, handled the process through a mixture of document exchange, expert testimony, and hearings focused on specific issues.
His final award included a determination of the interpretation of the policy terms and practical advice to the parties on how to resolve their ongoing commercial relationship. The dispute was resolved in just 6 months, with both parties expressing satisfaction at the full, open, and transparent proceedings.
Assisting an International Non-Profit to Collaborate in Contracting
A large international NGO was embroiled in internal disputes and was up against external challenges while negotiating a set of partnership agreements for a major humanitarian project. Differing expectations and unclear deliverables put vital funding and stakeholder confidence at risk.
Dr. Kamminga was enlisted as a consultant to help facilitate contract negotiations and train personnel in collaborative contracting approaches. Through a series of workshops and joint drafting sessions, he assisted the NGO, along with partner organizations, with clarifying roles, controlling outcomes, and incorporating dispute prevention provisions. The contracts were completed ahead of time and the funds for the project were released while collaboration among partners was enhanced.
The NGO attributed their success to Dr. Kamminga’s assistance in preparing their personnel to undertake complicated multiple party negotiations.
Enabling Organizations and People: The Kamminga Lens
Across a wide range of matters, the key tenets of Dr. Peter Kamminga’s practice are the same – neutrality, innovation, and respect for the competing interests of all stakeholders. His multidisciplinary experience in law, negotiation, and dispute system design helps clients chart a path to resolution for their most difficult conflicts. No matter if they be Fortune 500 companies, government entities, or large non-profits, Dr. Kamminga helps secure winners that preserve relationships, reputations, and balance sheets.
Connect: Begin Your Dispute Resolution Process
Facing a challenging business dispute or interested in enhancing your organisation’s dispute management processes, systems, and strategies? Dr. Peter Kamminga provides highly specific mediation, arbitration, and consulting services to clients internationally. Contact Dr. Kamminga today to discuss how he can assist with your particular issue.
| Location: | 1100 W 38th St Ste 71, Austin TX 78731 |
| Telephone: | (737) 774 5189 |
| Email: | [email protected] |
| Website: | https://peter-kamminga.com/ |
Engage in mediation today and discover new pathways to resolution success with Dr. Kamminga’s confidential consultation.