Monday, June 5, 2017

Stages In Dispute Settlement Of Public Contract Administration

By Joseph Howard


Usually, government in CA engage outsources supplies through contractual relationships with suppliers in the public sector, private areas, organizations or individuals. They do so in an attempt to deliver high-quality standards of services to their citizens as mandated by the law of the land. Tenders are awarded through the bidding process where potential suppliers tend to compete for limited open available tenders. Thus, disagreements often arise primarily between the shortlisted candidates and those whose applications were rejected. This discussion follows some of the basic public contract administration in dispute resolution steps.

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.

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.

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.

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.

Adoption and implementation of the selected option remedy for resolving the conflict. At this step, those involved in the disagreement agree on a particular remedy of addressing the point of contention. Then the remedy is implemented while taking care not to favor one side. If the parties are unable to come to a consensus on one option, then an intervention by a court of law may be sort.

Assessing the usefulness of adopted control strategy for the misunderstanding that was emerging. This step is very critical in conflict resolution. This is because it defines whether the entire process was a success or a fail. The assessment gives a detailed report of a situation on the ground and facilitates detecting of problems in and formulation control practices before they occur.

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.




About the Author:



No comments:

Post a Comment