Outsourcing and Managed Services

Outsourcing the management of a company’s business processes or IT resources has the potential to improve operations and reduce costs.  Such outsourcings can take many forms including an onshore service provider, a nearshore service provider or an offshore service provider.  A business processing outsourcing may involve a company’s accounts receivables and payables, HR processes, logistics and the like.  An IT outsourcing may be to a traditional IT services company or to a cloud services provider.  An IT outsourcing may involve assets and personnel resources supporting the company’s infrastructure, applications, networks or help desk.  Whatever the form, typically a managed services provider (MSP) delivers the services pursuant to a contractual service level agreement (SLA) that defines the commercial terms, describes the services and establishes performance and quality metrics.

Disputes between the MSP and the customer can lead to termination or renegotiation and restructuring of existing agreements. Litigation may ensue if the parties are unable to resolve differences over performance issues or value delivered.

Performance Assessment & Contractual Realignment

Troubled projects present a myriad of challenges for both suppliers and customers.  DisputeSoft professionals possess the education, experience, skills and training to assist a managed service customer or supplier, and customer or supplier counsel, to deal with the commercially and technically complex issues that arise when there is a troubled outsourcing arrangement, whether by supporting a restructuring and renegotiation of the transaction or by providing expert analysis and testimony in litigation.

As examples, our team can assist in a determination of what went wrong, which party is responsible, and what can be done to fix it.  These determinations are key prerequisites to successful renegotiations and restructurings of troubled outsourcing arrangements, and an essential part of any litigation that may ensue when an outsourcing relationship cannot be repaired.   DisputeSoft understands the technical issues that are likely to arise in any dispute, which industry standards and practices should apply, and how contractual provisions are typically executed in outsourcing situations.