Remediation

Remediation process

Review

When material sustained misalignment of a software project arises, minds are tired and frustrated and disagreement and misunderstanding are present. We approach and engage in this context with careful and systematic analysis and triaging of the technical, commercial and contractual emerging failure points. Time
spent here listening, white-boarding, shaping and demarcating key discussion issues is the foundation of the journey to resolving emerging chaos and conflict.

Reset

We then bring the supplier and customer into a without prejudice (safe space) to listen and exchange views and positions based on an agreed detailed agenda with the presence and commitment of key stakeholders. This is a key activity to unlock potential solutions to the critical issues. We exhaustively work through often complex interconnected technical delivery and commercials matters. The output from this process drives contract reset preparation, negotiation and final reset agreement.

Resolve

The outcome for both parties is ideally an aligned reset, a restoration of confidence, and better understanding and commitment to actions that will lead to a successful and a calm landing of the software project and solution.

Building better business

Challenge

Technology delivery and user models continue to rapidly evolve but supplier & customer engagement continue to be affected by technical, performance, financial or resourcing mis-scoping, misunderstanding and disagreement- any of which alone or linked can lead to stress, escalating conflict, and the risk of a material contract dispute.

Opportunity

To explore as an alternative to increasing costs, losses, personnel stress and morale impacts and fault-based arbitration or litigation, the use of mediation neutrals who can facilitate review and resolution between tired minds and or an external expert that makes a technical ruling on a disputed technical matter.

Industry statistics

The success rate of software projects remains mixed- the USA Standish Group in its final Chaos report (1995-2022) found that 35% of development projects were delivered satisfactorily (desired functionality, on time, and on budget), 46 % were challenged and 19% failed. Pretty confronting statistics!

Research and Design

Gerard and the New Zealand International Arbitration Center undertook a research initiative with global industry stakeholders to understand the causes of IT software project misalignment and contract disputes. A Report ensued, that following further industry feedback and consultation,led to the design and publication of customized dispute resolution methods (Contract Modules) centered on supplementing project governance process with 3 supporting processes of final exhaustive negotiation, and then, if that does not lead to a reset, recourse to an industry knowledgeable mediator or to a technical ruling from an adjudicator.

The outcomes being fit for industry conflict mitigation and resolution processes that assist in achieving good mutual outcomes.

You can read more at Insights