Structural methods

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Mimakte
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Joined: Sun Dec 22, 2024 3:32 am

Structural methods

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External factors . For example, during the coronavirus pandemic, counterparties were unable to fulfill their obligations for objective reasons, and emotions only aggravated the situation.

Unwillingness of counterparties to fulfill their promises . For example, a supplier may refuse to deliver the paid goods.

Vague obligations . For example, the supplier did not deliver the goods on time. This can happen if the contract did not clearly define the terms. However, no one has cancelled force majeure.

Bad Negotiations : Negotiating the terms of a 3 phone number identifier philippines contract emotionally can lead to disagreements in the future.

Difficulties in communication . For example, too frequent communication or poor preparation for meetings.

It is important to understand which method of conflict resolution to choose in a given situation. Here are the three most common:

Negotiations . It is not always possible to resolve a conflict in this way. Not every situation is suitable for negotiations, and the skills of the negotiators may be questionable.


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Claim . This method should be used if the conflict could not be resolved at the negotiation stage. The essence of the claim and the demands are expressed on paper. It is important to refer to the contract and laws, but not to bring the situation to a dead end. The other party may think that you want a legal dispute and will refuse to resolve the issue at new meetings.

Lawsuit . Going to court is the last option when other methods of resolving a conflict do not work. Such proceedings are not always beneficial. The company's reputation may suffer. In addition, during the trial, the counterparty will suspend cooperation with you, slowing down business processes.

As a rule, claims and lawsuits arise in a situation where negotiations have failed. Not everyone is capable of organizing an effective discussion. Firstly, the parties may look for the guilty to protect their interests. Secondly, their worldviews may differ, forming different values.

Each person will perceive the situation in their own way. For example, a warehouse incorrectly attached a tag to a box with goods. For the supplier, this is a "mis-sorting" or a technical error. The buyer will think that the partner simply did not care about fulfilling their obligations.

Methods of resolving conflicts between organizations

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In the first case we have a real assessment of the situation, and in the second - only an attitude towards it. The dialogue is divided into two planes: emotional and factual.

Sometimes the parties skip the negotiation stage. Not everyone is ready to take responsibility for settling the dispute and develop a strategy of behavior.

Successful business depends on the ability to adequately perceive conflict situations and find solutions that will suit both parties. A competent approach to dispute resolution allows you to save time and maintain the reputation of the organization. Understanding this, companies have increasingly begun to turn to mediation.

This is a dialogue between the parties, which is managed by a mediator. An independent participant allows finding a solution acceptable to all. This method cannot be implemented without mutual respect and openness. The main goal is to maintain or restore business relations.

Both parties to the conflict will receive the following benefits from mediation:

Win-win paradigm . The mediator will suggest which communication paths will lead to a result that is suitable for everyone.

Lack of emotions . The mediator switches them off. He works only with objective data, excluding the parties' assessments.

Control . The mediator does not control the actions of the parties. He only pushes them to resolve the conflict, like a judge. The parties themselves look for ways to resolve it.

Speed . By law, mediation must be completed within 60 days. As practice shows, a compromise is found much faster.

The full picture . The mediator sees not only the laws and the contract, but also the processes that affect the conduct of business.

Independence . Mediation does not deprive the parties of the right to file a claim in court. At the same time, this procedure is permissible at the stage of judicial proceedings.

Let's consider the possibilities of mediation using a practical example. A large company, acting as a buyer, entered into a conflict with a smaller supplier. It wanted to purchase a new product, but logistics problems prevented the counterparty from fulfilling its obligations on time. The buyer's manager took responsibility and terminated the contract, but did not inform the management.

Several factors came together:

breach of obligations by the supplier;

lack of normal communication within the purchasing company, since the manager did not consider the delivery important without clarifying the management’s interest in it;

lack of dialogue between the parties to the agreement;

difference in the strength of the counterparties - large and small companies.

As a result, a conflict broke out.

The heads of the organizations took part in the mediation. Having looked at the situation in full, the buyer's representative dropped the claims. He even shared some useful advice with the supplier and told how to properly organize logistics.

The supplier would have lost the case, but the buyer would not have received the advantage he had counted on when concluding the contract. Mediation resulted in everyone coming out on top, and the cooperation was maintained.

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