Thursday, June 15, 2017

Basic Steps In Public Contract Administration Dispute Resolution

By Joseph Howard

The authority in CA engages in binding legal agreements with organizations, the private sector and other suppliers of good and services during its tenure in office. This agreement aims at simplifying operations and provision of its mandated services to the general public. Interested parties compete for the rights to provide required products and services at a specified price through the bidding process. However, conflicts of interest usually rise between the government, supplier and other competing parties. Discussed below are the major public contract administration process of conflict resolution applied by most governing bodies globally.

Identifying the root of misunderstanding. In the initial stages, the focus is on exact source of a problem. This because after understanding what is causing the problem, then it is much easier and cheaper to solve it effectively and come to a mutual understanding. Where information on the problem cause is lacking or is insufficient, then solving it is a hectic undertaking.

Arranging a venue for the conflicting parties to meet. Usually, when people disagree on the allocation of tenders, they tend to stop communicating with one another. They become separated and need to be brought together in one sitting to discuss the way forward. Communication is key to solving of disagreement. Failure of effective communication means mutual agreements cannot be met.

Selecting the most suited method for settling the misunderstanding. Mediation, arbitration, litigation, and negotiations from the major commonly used method for managing disputes globally. However, their scope of usage varies depending on the degree of that dispute needing to be solved. How fast, smoothly and easy the problem is solved, solely depends on the method adopted.

Development possible remedies for the conflict. Depending on the nature of a conflict, possible solutions to the conflict are developed. This is presented to the conflicting individuals where their views on each particular alternative from a pool of developed alternatives solutions are gathered. And an analysis of their feelings views and attitudes is conducted. From here a selection of the most suited resolution option is made from an informed point.

Selection and implementation of dispute resolution strategy from developed solution in the pool of potential remedies. This where the person tasked with managing the dispute aims at eliminating the conflict by doing away with or suppressing the disagreement causes. The choice of the strategies to be implemented comes from debating individual desires, attitudes, and their feedback.

An Assessment of overall effectiveness of particular adopted remedies in mitigating the conflict. During this stage, the purpose is to ensure that implemented measures are successful in preventing further conflict between the individuals. Where the measures are found to be insufficient, alternative ones may be incorporated to facilitate in resolving it.

To conclude, periodic monitoring of particular problem must be conducted. This prevents repetitive occurrence of the dispute by ensuring that all participants do what was agreed to them without inconveniencing their fellows. Contract enforcement cases are very expensive and consume a lot of time. And because there is no telling who the courts will favor, they should be avoided at all cost. This can be achieved through situation monitoring.

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