How are conflicts in public procurement resolved?

Let us fix the sleeves, because the issue of conflicts in public procurement, well, is no small thing. Going into a public tender is like launching into the pool without knowing if there is water: everything seems good until the problems arise. That if you interpreted a clause, that if the other understood something else, or simply someone does not fulfill what he promised. Come on, chaos can appear at any time.

And how do you get out of that eggplant? Normally the first thing is to sit down. There is no magic here, just a little common sense: negotiate, throw some talks (sometimes more tense than a Champions Final) and see if you can reach an agreement without setting up a circus. It's fast, cheap and, if you're lucky, you save a headache.

If the negotiation goes to the garet and nobody gives, mediation comes into play. Here the mediator appears, that neutral referee who tries to put peace. It does not decide for you, but it helps you not end up throwing the contract out the window. And hey, it usually works, because there is still a certain will to fix things without reaching older ones.

Now, if neither speaking nor with mediator in between there is a way, it is arbitration. This is more serious. A referee (or several) listens to both parties, weighs arguments and decides. And here yes, what I say goes to Mass. Nothing "well, but I don't agree." You endure and comply.

What if all of the above fails? Well, it's time to trial. But, honestly, that's the last thing you want. Among lawyers, paperwork, and the time you leave, you will be gray hair waiting for you. That is why no one first points to the judicial route, it is like the red emergency button.

As for the legal part, each country has its own roll. Spain, for example, has it well tied with the Public Sector Contract Law, which tells you how to handle these troubles. In other places, as its own rules and regulations.

Quick conclusion: If you are a company and you are going to get into a public tender, don't go blind. Learn how this works, read what you sign, and if you don't understand something, look for a good lawyer (or at least someone who has gone through the brown before). And since we are, put a conflict resolution clause in the contract, because it is better to prevent than regret. Thus, if the thing twists, you have a plan and the bull does not catch you.