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This paper presents a model to describe contractual dispute resolution bymediation in situations where a defaulting supplier is near insolvent. Whileeach party has internal constraints, and if alternate performances areavailable, such as more costly alternative goods, the proposed approach allowsthe mediator to find an optimal solution. The notion of optimality is presentedas adherence to the initial contract, therefore optimising a value function forthe non defaulting party. The proposed model includes describing the evolutionover time of each party's perceived constraints using a phasor like approachwith a modulation to the core constraints phasing out of the real part andphasing in the imaginary part of complex numbers. The offers related toalternative performances by the defaulting party are modelled by a Gompertzfunction, being an exponential learning curve of the supplier in regards to thereaction to its offers, limited by another exponential function whenapproaching its internal constraints. Furthermore, the model takes into accountthe discount associated to the delay in the delivery time of the alternativeperformances.

Mediation with near insolvent defaulting suppliers: a linear optimisation model to find an optimal outcome