Existing Relationship; End-to-End Dispute Resolution
What we deliver
A fast resolution of the dispute. We independently, objectively and forensically review the technical evidence of the key issues, the financial impact and clarify which party is responsible for each issue. We then plan out the approach to resolution, agree it with internal stakeholders, facilitate agreement with the incumbent supplier(s) and support mobilisation of the resolution between you both, through to completion and sign off.
How you will benefit
Significant cost savings. Our forensic approach in reviewing evidence, informed by our Expert Witness experience, means we quickly identify what key evidence supports a fast resolution and what evidence does not.
An accelerated process. Our combined and overlapping knowledge of operational, contractual and relevant case law relating to supplier ‘Expert Responsibilities’, means we know what focused elements of evidence will quickly resolve matters to the benefit of both parties.
You can both hold your heads high. The process of independence and objectivity to review evidence and to determine which party is responsible, followed by our impartial relationship facilitation, means this fact-based process holds no bias or subjectivity. You can both hold your heads high from this win-win process.
What 'Good' looks like to achieve a successful resolution
Client advance planning and visibility
At the outset of the process, the client participants are provided with an anticipated plan that clearly explains the preferred key options, key milestones, material points of evidence that work for the client, what works against the client, considered compromises, likely opposing party responses and time frames.
Fall back planning
In the event the opposing participant does not want to accept its responsibilities, as part of the advance planning, options will have already been agreed as to progressing matters at each stage if unreasonable resistance is met from the opposing party to keep the process moving at an accelerated pace.
A controlled discussion environment
How and where the dispute process is facilitated, the approach taken, the senior stakeholders and technical advisors involved, how the background to the dispute is explained, the evidence discussed and the options for resolution considered, will all contribute to how quickly the dispute is resolved.
Facilitated trust and confidentiality
As difficult as it can be when representing one party, having the presence of mind to be able to demonstrate to the opposing party’s most senior stakeholders, that you are acting in a balanced, equitable and objective manner, will eventually help to build trust in the process and accelerate the dispute resolution process.
An outcome that provides for both parties to work together in a future life
At the time of the dispute, it is likely that the last thing on both parties’ minds is being able to collaborate on future projects, due to how high emotions are likely to be running at the time.
The BPG dispute resolution process always has the opportunity to keep both parties’ reputations intact, agree the terms of parting of ways objectively and settling matters on a win-win basis.
Typical hurdles to overcome in complex supplier dispute resolution
There are many challenges in trying to resolve disputes quickly and effectively if the process is not handled in an appropriate way. These include:
- Uncertainty over the process. An unwillingness from the client key decision makers to support the dispute resolution strategy.
- Fear of failure. Key decision makers having fears about the process not being successful.
- Internal expectations misaligned. A lack of internal client stakeholder agreement over pragmatic expectations to be achieved by the end of the dispute resolution process.
- Lack of visibility. Poor client visibility of the end-to-end process including evidence that works for and against the claim, realistic financial options, time scales and key milestones.
- Reputational concerns. Client worries regarding internal reputations within their own organisation in the perception of the original project not being successful.
- Poor technical focus. A lack of experience in understanding what technical evidence will support the most effective discussions with the supplier to resolve matters quickly.
- Inappropriate approach to the dispute. An aggressive, position-based approach from the client to the supplier rather than a mutual interest-based approach that provides the foundations for a win-win outcome.
- Poor dispute governance. Lack of timely decision making, through poor governance of the dispute resolution process.
- Ineffective facilitation. Poor facilitation management between client and supplier and a lack of ‘informal/without prejudice’ discussion of issues and misconceptions, that can be aired without fear of redress.
Examples of Complex Projects we've successfully resolved disputes in
Some sectors in which we have successfully resolved disputes
Dispute Resolution is only one element of the BPG ‘Optimise’ method
Evidenced by over 500 complex relationships, the ‘Optimise’ method can be implemented quickly to improve service innovation and drive down BAU costs.
Share Great Practice
Experience of over 500 complex supplier relationships, means we can share great practice with you that really works.
Drive maximum value
End-to-End Dispute Resolution helps support the 10 key behaviours that drive maximum value in complex supplier relationships.
A brilliant project outcome
This is part of the ‘Optimise’ process; a proven method assuring a brilliant project outcome and an excellent supplier relationship.
5 steps to a great new relationship
See the 5 steps to making sure new complex supplier relationships work really well.
Clients that we support
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