SMR, Inc. Computer Technology Dispute Remediation Services
Dispute Remediation
It is difficult to see the picture when you are inside the frame.
What is Dispute Remediation?
Even the most experienced professional finds it difficult to resolve a serious conflict when the issue directly affects them. An uninvolved third party can provide objectivity and a fresh look at the problem.
However in disputes involving computer software, hardware and services, objectivity is not enough. To be effective the third party must be:
An expert in the disputed matter.
Credible to both parties.
Experienced in specific techniques to resolve disputes.
Able to manage the dispute in a way that maximizes the benefits to you.
Dispute remediation consists of all measures taken until the matter is resolved or one or more parties elect to pursue more formal methods, such as litigation or arbitration. Dispute remediation differs from dispute resolution in that remediation seeks to reestablish a constructive working relationship between the parties. While remediations are all unique, when we are involved they tend to follow a pattern.
The SMR Dispute Remediation Process
First the client and the SMR DR Specialist establish a confidentiality framework. If an internal or external attorney is involved, we take pains to establish an "attorney work product" confidentiality relationship that will protect the client should the matter end up in litigation or arbitration.
Next we do a thorough review of the history of the dispute, identifying the strengths and weaknesses of our client's position. At this time we also obtain a clear understanding of the outcomes desired by the client and develop a remediation model for use in subsequent stages.
The most dynamic part of the process is the remediation itself. We contact the other parties and establish a forum for the remediation. After discussions, we prepare an assessment of the other side's "case" and motivations. This assessment is merged with the remediation model to develop the approach that will most likely result in obtaining our client's desired outcomes. We believe, however, that any remediation has to be fair and acceptable to all parties, so that often some appropriate compromises are developed.
The final stage is the formalization of the remediation, where we draft and obtain approval for documents that clearly describe the responsibilities of all parties. This clarity and permanence is essential to the future viability of the remediation.
An optional stage of the remediation is the follow up on the agreement. In this stage SMR has ongoing contact with all parties to help resolve any problems that may occur.
What are the advantages of dispute remediation?
There are many. Our clients benefit greatly, no matter what outcomes are obtained.
If the dispute remediation is successful, you, our client, will get:
A resolution that protects your most important interests.
A framework for moving forward with your business or project.
A viable working relationship with your former adversary, if you want to use it.
A set of guidelines for avoiding similar disputes in the future.
If the dispute remediation is not successful, you, our client, will get several essential tools to protect your interests in more formal proceedings:
A clear understanding of the tactical (as opposed to legal) strengths and weaknesses of your situation.
A useful assembly of exhibits to present your case in litigation, mediation or arbitration.
A smooth transition to our litigation and arbitration support services, should you choose to use them.
All this is fine, but what have you done in the past?
Thanks for asking. We are very proud of the results we have gotten for others in the past. The link below jumps to some descriptions of representative past assignments. Since this web page is a very public document we have had to conceal the identities of the parties involved, but rest assured these really happened. We have been doing this for over 10 years and insist that our references be checked, once a mutual interest has been established.
