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.

Developing a pool of likely resolutions that could be acceptable by both parties. To reach a mutual consent level with all involved disagreeing parties, they must be given a chance to point out their views on what expect to be done regarding the situation. This will facilitate the development of solutions that are likely to interest all the groups when their concerns are looked into.

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.

Finally, the periodical monitoring of a situation must be conducted now and then. Monitoring assures that all parties involved perform their duties to the best of their knowledge to ensure that the disputes will no emerge again. Through monitoring faults in dispute resolution measures adopted can easily be noted and corrective measures implemented.




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