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The Public Contract Administration Conflict Resolution Process

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.

Conflict cause identification. It is important to identify the cause of that problem before any measures designed to mitigate the situation can be applied. Proper research and feedback gathering from conflicting parties are gathered to give an in-depth analysis of conflict. Cause analysis lays the foundation for achieving an agreement that is fair and acceptable to all involved parties by ensuring that their interests are put into consideration.

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.

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.

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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