4.16.24 21st Century Movements for Black Lives.pptx
Pomerantz - Outsourcing
1. +
Avoiding and
Resolving
Disputes in the
Outsourcing
Context
Lisa Renee Pomerantz, Attorney at Law
80 Orville Drive, Suite 100
Bohemia, NY 11716
Tel: 631-244-1482 Fax: 631-567-0611
lisa@lisapom.com
www.lisapom.com
2. +
Agenda
What developments have led to the
outsourcing phenomenon?
What factors contribute to the prevalence of
disputes in this context?
What can be done to avoid and resolve
disputes in the outsourcing context?
3. +
Issue 1- The Information
Asymmetry Problem
Nature of the problem: the vendor has more
information than the customer
What types of information may a customer
lack?
How can this result in conflict?
How can such conflicts be avoided or
minimized?
4. +
Issue 2- The Relationship Will
Be a Process, Not a
Transaction
Why is outsourcing a process, not a
transaction?
Why can this lead to conflict?
What kinds of conflict are likely to arise?
What mechanisms can be implemented to
anticipate and resolve conflicts?
5. +
Issue 3-Conflicts of
Interest
Why do conflicts of interest arise in
outsourcing arrangements?
How can the parties address such conflicts
and align incentives?
6. +
Issue 4- Measuring
Progress
Why is measuring progress important in
avoiding and resolving conflict?
Why might progress be difficult to measure
in the outsourcing context?
What dispute resolution mechanisms might
be appropriate for resolving conflicts over
performance?
7. +
Issue 5-Internal
Confusion and Dissension
How might internal confusion or dissension
arise on either the customer or vendor side?
What are the potential consequences of such
confusion or dissension?
What steps can be taken to avoid confusion
or dissension?
8. +
Issue 6-Obtaining Internal
Client Cooperation
Why might this be a challenge for both the
customer project manager and the vendor?
How can this be addressed?
9. +
Issue 7-Inflated
Expectations
Why might expectations be inflated in the
outsourcing context?
How might expectations be inflated?
What can and should be done to manage
expectations?
10. +
Issue 8-Dealing with the
Unexpected
Why should the unexpected be expected in
outsourcing arrangements?
What kinds of disruptions can be
anticipated?
What conflict resolution mechanisms are
appropriate to help parties deal with forks
and bumps in the road?
11. +
Issue 9-Avoidance of
Conflict
Why might the parties want to avoid conflict
at the contract negotiation stage?
At the implementation stage?
Why can conflict avoidance be problematic?
What kinds of problematic issues are likely
to be bypassed?
How can the parties avoid conflict
avoidance?
12. +
Issue 10-Prolonging the
Inevitable
When outsourcing arrangements do not
work out, why are the parties reluctant to
terminate them?
What are the consequences of delayed
termination?
What dispute resolution mechanisms can
help the parties achieve “graceful exits”?
13. +
Conclusion
What have you learned that will be helpful to
you in avoiding and resolving conflict in the
outsourcing context?
Questions and comments?