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Parties usually enter into contract in order to create something of value for both of them. At that time the parties are frequently filled with goodwill, trust, and optimism.
But life is unpredictable and a contract can deal with more than the less of the future. Lost trust can usually not be re-established when once lost. Occasionally lost trust can be compensated with rules of behaviour. Lost trust can never be compensated by a ruling from a court of arbitration or a court of law.
When one party finds that the other party has infringed the contract that may be due to diverse cultural background or diverse attitude to natural norms of behaviour.
discrepancy can also be caused by changed, failing or broken conditions.
The discrepancy can also be caused by inappropriate communication or inappropriate lines of communication. When diverse interpretation emerge the contract r the parties� usual practice rarely offers but few options of actions. More frequently the conflict is moved upwards in the hierarchy and away from the individuals directly involved. But the upper level is not necessarily the best to sort out the discrepancy and the upper level often lacks background information, which the lower level has. Consequently the conflict change in what it is what it is all about.
When discrepancy occurs in contract relations money and time are often wasted.
What is needed is a wide range of action options for dispute resolution. What is needed you may call conflict solving design, conflict preparedness or partnering.
Dispute resolution though assisted dialogue is frequently the most efficient and the most cost-effective way to avoid waste of time, quality and money.
Contracting parties have for years benefited from planned conflict preparedness.
Often the leads the principle that conflict should be solved as quick as possible and at the lowest level to the smallest waste. Any party to contract can benefit from developing conflict preparedness or partnering and by training key personnel in conflict management.
A party holding planned conflict preparedness is safer to enter into contract with compare to one without. Consequently conflict preparedness, dispute solution design and partnering can make contracts obtainable that you otherwise could not win. |