samedi 3 juin 2017

Stages In Dispute Settlement Of Public Contract Administration

By Joseph Howard


At the beginning of every accounting periods in CA, governing bodies invite the general public, organizations, and business in the private sector to apply for the right to supply goods and critical services. The bidding process often experiences fierce competition from the various interested persons for the available tender. As much competition is good for growth, survival, and growth of the local economy, usually even where measures to facilitate transparency and fairness, disagreement on who the tender should be allocated to are common. Below are some of essential basic stages in settling public contract administration disputes.

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.

Establish a common ground for the conflicting parties. Conflict often divides people, especially where one party feels that another was accorded preferential treatment at the expense of the other. This brings about communication challenges between involved individuals. So as to solve the situation, involved individuals must be brought together, communicate and come up with the best way forward to deal with the situation at hand appropriately.

Choosing the correct method of conflict resolution. Different methods have been tested and proven to work in solving contract related conflicts. They include negotiation, arbitration, mediation and litigation methods. Every method is unique and deals with a different degree of conflict effectively. Selection of the best method is based on the type of conflict and the attitudes and behavior of involved parties towards each other and the conflict.

Establishing of potential solutions to settle the misunderstanding. The purpose of dispute resolution is to make sure that an acceptable and satisfactory solution is reached between all disputing persons. To do this, a pool of likely solutions is produced from a careful assessment of grievances presented by the individuals involved in the dispute. This is vital as it will indicate the need for legal court involves in the resolution process.

Implementation of a desirable corrective measure to settle the situation. Usually, conflicting individuals will agree on a measure that they feel give a win-win situation to both of them. This corrective measure is accepted and implemented as the most suitable remedy for that is capable of dealing with the emerging problem effectively without biases to one side.

Evaluation of particular dispute mitigation measures employed to resolve the dispute. Here, research is conducted to establish whether the desired outcomes are being discovered and that every party is enjoying the outcome of entire process. When feasible results are observed, then the strategies are adopted and documented for use in a similar conflict in future.

Monitoring of particular situation throughout the contractual period. Having settled the differences satisfactorily to meet the expectations of all the parties. Monitoring schedules are implemented to ensure that all those who were brought together during the settlement process do what is expected of them in fulfilling their obligations as stipulated.




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