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2 June 2017

The Public Contract Administration Conflict Resolution Process

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.

Identification of the cause of disputes. Here the governments try to understand in details what exactly is causing the dispute. Dispute causes may arise from simple misunderstandings to issues to deal with the perception of fairness in entire administration process. A dispute is only solvable where the cause is clear in the first place. Only when the heart of a problem has been reached can actual results be realized.

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.

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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