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Mediation 'can be used in outsourcing disputes'



IT outsourcing relationships can lead to disputes involving issues such as price, scope, performance and delays and one way to deal with these problems is mediation, it has been pointed out.

Writing in Computing, Julian Millstein and Sherman Kahn noted this involves the use of a third party, who is called in to facilitate discussions but has no authority to impose a resolution

According to the pair, this can be likened to marriage counselling and has the potential to cut through communication problems concerning who said what to whom.

Mediators are trained to look for value that can be traded in such a way that an item which is highly valued by one party, but not by the other, may be "jettisoned for a reciprocal item".

Also, such professionals can receive confidential information from both sides and, without giving it away to the other party, can use it to help the sides find common ground.

Recently, mediation between conciliation service Acas and British Airways failed, meaning further strike action may be taken by the workers.

Rick Munro, dispute resolution partner at Lamport Bassitt and founding member of the Solent Mediation Group, said: "Mediation brings with it many advantages over litigation through the court, including speed, cost and flexibility."

Posted by Isobel Whitely
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