What do you do if public sector disputes are escalating?

The following are essential from the point of view of both the employer and the contractor: 1. Clear understanding of the contract and all documents forming part of the contract. 2,Respect the contractual processes and time limits. 3.Contractual correspondence should be on time and in accordance with the contract. 4.Meticulous records. 5. Try be proactive in conflict resolution. Push for a resolution as quickly as possible. 5. Insist on your legitimate rights and on observance of the contract from your counterparty. Point out where your counterparty is failing in this respect and so so in writing. 6. Admit your own mistakes / failings 7. Never personalise a conflict. 8. Remember that the best deal is a fair deal.

There has to be an immediate assessment of the likely impact of any process whether conciliatory or confrontational and at the same time a cost benefit analysis for the client. The public sector does not react like a commercial employer, those responsible are often not brave enough to take sensible initiatives that may have cost implementations which in the long run may prove justified for the benefit of the project in question. One must also bear in mind the long term future of the service provider / contractor and their longer term relationship with the public sector where invariably one finds one self advising the client that they are caught between the devil and the deep blue sea and no path is without peril.

There are essentially two approaches to the situation. One is the Roman solution, that is, build a circus. The other is to tackle each and every issue head-on. Realistically, a measure of sophistication should be injected into the mix. Depending on the sort of tangle faced, nuances of interplay, timing and emphasis will jot hurt the effort.

Attempt to descalate the situation by ensuring that only needed information is published in the public. Employ Alternative Dispute Resolution(ADR) processes, prefarably, mediation and concilliation to attempt to settle to understand the root cause of the grouse between parties. Where necessary, lobbying can be utilized

The first step is understanding who is trying to influence whom. There is a metric ton of misinformation that is put out to the mainstream public, and its purpose is to misinform. The misinformation is meant to become a belief. This is where the problem starts: once someone believes in something, it becomes an attack on that person if you disagree or present other facts. This is what is happening in the Public Sector; this is not new. However, it is becoming a controlling mechanism for most of our society at this time.

When public sector disputes escalate, it's critical to dissect the problem into manageable segments, enabling focused discussion on specific issues rather than the dispute in its entirety. This division allows for identifying common ground and areas requiring mediation. Incorporating a neutral mediator can facilitate constructive dialogue, ensuring all parties feel heard. Additionally, employing proactive communication strategies and emphasizing mutual benefits can guide the parties towards a consensus. The goal is not to win but to find a sustainable resolution that respects the interests of all stakeholders involved.

Open Dialogue Once you have a grasp on the situation, opening a dialogue between conflicting parties is essential. This means creating a space where each side can express their concerns and perspectives without fear of retribution. Effective communication is key to de-escalating tensions and fostering mutual understanding. You should act as a mediator, ensuring that the conversation remains constructive and focused on finding a resolution. Remember, the goal is not to win an argument but to work towards a solution that benefits everyone involved.

Bureaucracy and general inability of the public sector to understand how the end result is successfully achieved is a major issue in any project undertaken for a public sector client. Budgets and expenditure (especially for variations or additional works / services) need to be approved from above and this process has a bearing on cash flow. Clear communication has to be maintained at the appropriate level and clients must be well advised and be very familiar with what ever contract they have signed. Pray for the best and plan for the worst at practically all levels.