CEDR London (UK)

A five-day intensive standard CEDR course in mediation process including graded practice mediations

Degree: Mediation Skills Training Course Certificate (February 2016)

Arbitration Mediation Institute of New Zealand (AMINZ)

Degree: Associate Member (2017 on)

Mediators Panel of the New Zealand International Arbitration Centre (NZIAC).

Degree: Panel Mediator (specializing in software and services engagement ADR) (2018 on)

University of Auckland, New Zealand

Degree: Bachelor of Laws (1981-1985)

University of Auckland, New Zealand

Thesis in international comparative law concerning an UNCITRAL convention and the harmonization of international judicial interpretation techniques

Degree: Master of Laws (Honours) (1992-1994)

Software Projects Conflict -Fit for context ADR. International Austrian Arbitration Year Book 2025

Dates/Details: 2025-05-01

Mediation,Remediation

My core ADR specialty concerns software and services project contracts. This is based on extensive international field and project experience for 25 years as a senior legal project contractual and negotiation advisor (technical /legal /commercial), focusing in the main on the development, provision, use and management of enterprise level software and services systems. This includes: i.During 2000-2016 working for global IT consultancies (including the former EDS Group and the Accenture Group) engaging with business and government agencies teams in the ANZ, Asia Pacific, North American, UK and European markets. ii. From 2016 operating my independent advisory service, Be Amorgos IT Contractual Services. Since 2017 I have also pursued a specific Mediation development path. This includes a 5-year partnership with NZIAC where I led an international industry consultative R&D project analysing the causes of software project misalignment/failure and emerging contractual disputes. This led to: (a) In 2019 based on a detailed survey of experienced stakeholders, a report ensued „Avoiding Conflict and improving dispute resolution for IT Projects“; and (b) In 2022 based on the report, the design of adoptable plain English Contractual Modules, centred on project governance, promoting expedited conflict mitigation including recourse to consensual ADR – an industry experienced Mediator and/or determinative ADR-Adjudication for highly technical issues. Then, if the matters are unresolved, recourse to Arbitration. This industry initiative I have promoted at conferences, published and moderated webinars-see https://beamorgos. com/insights In May 2025 I wrote a chapter in the Austrian Yearbook on International Arbitration 2025 titled “Software Projects Conflict -Fit for context ADR”.

Over 20 years I have negotiated, and hybrid mediated about 15 to 20 challenged or failing software and services projects as both an advisor to a supplier or a customer (I refer to this as \\\"Remediation\\\").

My Facilitation and/or Remediation case portfolio in the Australian, New Zealand and UK markets includes:

1.A failing document workflow automation outsourced system project for a major Australian bank

2. A failing critical border outsourced identification authentication system for a federal government agency (Prime Ministerial level reporting)

3.An over budget under delivered website platform development for a large UK entertainment group

4.A delayed and misaligned scope digital platform project for a New Zealand construction resourcing sector participant

5.A delayed budget and misaligned solution scope for one of New Zealand\\\'s largest government agencies in relation to a large ERP transformation project (2021-2023)

6. A delayed delivery schedule for an all of provincial government centralised core ERP platform transformation – New Zealand 2025

Mediator

My focus on software and services project engagements has seen me involved as a negotiator or remediating in industries categories such as financial services, retail, construction, FMCG and in government for both federal and provincial/regional agencies.

My approach to Remediation or Mediation is based on a framework process driven by a distinct interpersonal approach.

Preparation process
Due to the often-technically based complexity of software and services project conflict, once appointed, my preparation approach with parties is key. It is in summary a gathering, listening and triaging process to come to an agreed Remediation or Mediation agenda (i.e. specific subject matters in conflict or dispute and the context in terms of the current project state).

Negotiation Framework
Once the Remediation or Mediation process begins, and as dialogue and subject matters are incrementally addressed, a Negotiation Framework is created (this is based on subject matter/positional summaries and evolving resolution status and actions needed (e.g. further review and response)). It becomes the guiding tool for the overall process.

Interpersonal approach
My interpersonal skills are focused on facilitation and creation of an environment where relevant stakeholders speak and are respectively and attentively listened to, particularly as often technical and connected issues are once again being reviewed as to understanding and position.