Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By resolving the dispute carefully and properly, the rest of the contract can often remain in effect and part of the contract can simply be modified. If that does not work, it may be possible to nullify and void the contract in a way that is satisfactory to both parties, or to the party that was "in the right" in the dispute over terms and conditions contained within the contract. If one or both parties breaches a contract, it can become necessary for dispute resolution to take place in order to ensure that the parties are being treated fairly and that they are compensated accordingly for the performance they have provided under the provisions of the contract (Lynch, 2001; Schwartz, 2010). Administrative processes for contract dispute resolution include alternative dispute resolution options like mediation (Schwartz, 2010). Basically, when one uses administrative processes in contract dispute resolution that person (or entity in the case of a company or corporation) is looking for a way to address the dispute without the need to go to court. That makes the administrative process much different than the judicial process. It can cost less, take less time, and be less difficult if both parties to the contract want...
The lower cost of administrative processes can really help small companies and individuals settle their differences without the need for lawyers. That is always valuable, because there are many contracts created (and disputed) every year, and a large number of them belong to people who do not have the kind of money it would take to fight the contract in court if a problem arose (ABA, 2011).
Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help the parties settle the dispute based upon the neutral's evaluation of the case. The mini-trial suffers from the same drawbacks as the summary jury trial. However, its greatest strength is that, once the neutral has shown both parties their likelihood of
Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems to feel betrayed by Cherry, and wants as little as possible contact with her. Cherry in turn is worried about the effect of this upon her child. The requirements for mediation have therefore only been fulfilled by Cherry, whereas Giovani appears to
Labor Relations A collective bargaining dispute was recently settled between Major League Soccer (MLS) and its players, on the eve of the 2015 season. The league had just finished averting a dispute with its officials, who formed a union in 2012, when the dispute with the players arose (Parker, 2014). The MLS Player's Union (MLSPU) and MLS had just seen their prior five-year deal expire, and the union was seeking more
The purpose of such bifurcation is the enabling of the parties to the arbitration to maintain control of the impact of the Shariah in the law that they choose for arbitration. Middle East states that have not removed religion from their rules of arbitration will continue to administer arbitrations through strictly adhering with the principles of Shariah law and it is likely that these states will place a prohibition
Best Practices for an Effective Contract-Management StrategyIntroductionContract management is the process of actively monitoring and controlling the contract between a procuring entity and the contractor to ensure delivery of a reliable and cost-effective service (Muhwezi & Ahimibisibwe, 2015). Effective contract management helps to lower the factor of risk and uncertainty, and to enhance both financial optimization and operational efficiency (Muhammad et al., 2019).Poor contracting management could result in huge losses
CONTRACT MANAGEMENT BEST PRACTICES 12Best Practices for Effective Contract Management with a Focus on Joint Contingency Contracting in the MilitaryAbstractContract management is the process of actively monitoring and controlling the contract between a procuring entity and the contractor to ensure the delivery of reliable and cost-effective services. Effective contract management enhances operational efficiency, and helps to lower risk and uncertainty. The focus of this paper is joint contingency contracting in
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