EXPERT INSIGHT 73 How do the parties bring the relationship facilitator up to speed on the nuances of how the working relationship evolves through performance of the contract over time? A ‘standing’ relationship facilitator can be designated in the contract to participate in regular, periodic reviews for the contract. The relationship facilitator has two jobs in regular periodic reviews: observe and track the dynamics of the relationship and specific issues and identify topics of conflict and surface for Many contracts have ‘escalation clauses’ in their dispute resolution provisions, sending disputes up a chain of more senior executives to resolve disputes. What is different about prevention? Yes, some of the contractual provisions are similar. But those provisions are now often routine form clauses. An intention of the parties to (really) work to avoid disputes is key, as is laying out a framework for earlier identification and facilitated discussion. Creativity, openness, excellent communication - the skills of a good mediator - are important in dispute prevention.
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