What are some common dispute resolution strategies in government contracts?
In government contracts, dispute resolution strategies are forms of resolving disputes between the parties without having to go to court. Common strategies include negotiation, mediation, and arbitration. Negotiation is a direct way of resolving disputes through direct communication between the parties. In negotiation, the parties discuss the dispute and try to reach a mutually beneficial agreement without the need of outside help. Mediation is a process in which an independent third party (the mediator) assists the parties in reaching an agreement. The mediator helps the parties identify and explore potential solutions and develop strategies for implementing them. Arbitration is an alternative dispute resolution process in which an independent third party (the arbitrator) is appointed to render a binding decision based on the facts and the applicable law. The parties present their positions to the arbitrator and the arbitrator determines the outcome based on the evidence and applicable statutes. In California, the California Department of General Services provides guidance to government contractors on dispute resolution strategies. The department also provides information regarding the availability of dispute resolution services and the resources of the state’s dispute resolution program, as well as a list of dispute resolution service providers. Additionally, the department provides a helpful guide to the state’s dispute resolution process.
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