Pomerantz - Outsourcing
Pomerantz - Outsourcing
Published on: Mar 4, 2016
Transcripts - Pomerantz - Outsourcing
Disputes in the
Lisa Renee Pomerantz, Attorney at Law
80 Orville Drive, Suite 100
Bohemia, NY 11716
Tel: 631-244-1482 Fax: 631-567-0611
What developments have led to the
What factors contribute to the prevalence of
disputes in this context?
What can be done to avoid and resolve
disputes in the outsourcing context?
Issue 1- The Information
Nature of the problem: the vendor has more
information than the customer
What types of information may a customer
How can this result in conflict?
How can such conflicts be avoided or
Issue 2- The Relationship Will
Be a Process, Not a
Why is outsourcing a process, not a
Why can this lead to conflict?
What kinds of conflict are likely to arise?
What mechanisms can be implemented to
anticipate and resolve conflicts?
Issue 3-Conflicts of
Why do conflicts of interest arise in
How can the parties address such conflicts
and align incentives?
Issue 4- Measuring
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
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
Issue 6-Obtaining Internal
Why might this be a challenge for both the
customer project manager and the vendor?
How can this be addressed?
Why might expectations be inflated in the
How might expectations be inflated?
What can and should be done to manage
Issue 8-Dealing with the
Why should the unexpected be expected in
What kinds of disruptions can be
What conflict resolution mechanisms are
appropriate to help parties deal with forks
and bumps in the road?
Issue 9-Avoidance of
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
Issue 10-Prolonging the
When outsourcing arrangements do not
work out, why are the parties reluctant to
What are the consequences of delayed
What dispute resolution mechanisms can
help the parties achieve “graceful exits”?
What have you learned that will be helpful to
you in avoiding and resolving conflict in the
Questions and comments?