Based on IACCM´s contracting body of knowledge, we have conducted several ATEs and webinars stating the key steps for optimizing claim management transparent process.
Please refer to our IACCM library: www.iaccm.com/resources/contract-management-resources/ And in particular, in this topic: www.iaccm.com/resources/;
We will always recommend a constructive and non-hostile approach which will ensure we are improving quality and reducing the causes of counterproductive events.
However, if first level management cannot resolve the issue within a specified timeframe, it should be escalated to senior management. Only as a last resort should the agreement instruct the parties to resolve the claim by involving a third party. This could be either a court, an arbitrator or alternative dispute resolution, e.g. mediation.
In the absence of regulations in the agreement, most countries will have laws that similarly protect the injured party by third-party resolution. Both by law and under the terms of the agreement, therefore, claim management is not a voluntary process.
Let´s see if other members contribute with resposes in this forum, but I´d also recommend you, Julia, to join and connect with our IACCM community of interest created for this specific purpose: Dispute, Claim and Conflict Management: www.iaccm.com/gp/dispute