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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.
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.
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.
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.
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.
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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