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Dispute Management

Globalization means that contracts are often entered into between parties that come from different cultural background and legal jurisdiction. Companies also have different interest and expectation too. When all these competing factors are put together in a project environment that is bound by deadlines, profit expectation, quality and safety expectation just to name a few, disputes are inevitable. Disputes are time consuming, unproductive, and can severely damage the reputation of a company. Dispute management can be divided into prevention and resolution.

Dispute Prevention

Dispute prevention starts with having the experience to see potential dispute before they arise. In the project context, disputes come in many forms, for example, disagreement on the scope, schedule, quality, quantity, testing metholodogy, performance results etc. Most disputes arises because there is a misalignment in the expectations of parties or the misinterpretation of the contract terms and neither party wants to yield for fear of losing "face".

In order to prevent disputes, parties must be clear what they want out of the contract and be clear in conveying their expectation prior to contract execution. At Integral Consultants, we use our project management expertise, due diligence expertise, and contracts expertise to help you identify issues that could potentially lead to disputes. We will also assist you in understanding the various dispute resolution methods and help you craft the dispute resolution clause that is suitable for the type of contract.

Dispute Resolution

In dispute resolution, the objective is to obtain a definitive and binding agreement between parties concerning the resolution of the dispute between them. Depending on the dispute resolution mechanism specified in the contract, the dispute can be resolved through negotiation, mediation, expert determination, adjudication, arbitration and litigation or a mixture of these. At Integral Consultants, we can help prepare and guide you through the various dispute resolution mechanisms.