Outsourcing and Managed Services

Outsourcing agreements, including managed services agreements, can be powerful tools for improving operations and reducing costs. Typically these agreements require a managed services provider (MSP) to deliver a defined scope of services in accordance with a service level agreement (SLA).  These agreements frequently give rise to disputes regarding, for example, whether the MSP failed to perform the services, the customer failed to perform its responsibilities, a requested service was separately chargeable, or one or more of the services were provided in accordance with the service levels.  These disputes present a myriad of technical and commercial challenges for both suppliers and customers.  DisputeSoft professionals have the expertise and experience to address these challenges in information technology, business process and logistics outsourcing transactions, including managed services transactions.

DisputeSoft professionals understand which industry standards and practices should apply, and how contractual provisions are typically executed in outsourcing situations. DisputeSoft’s experts assist MSPs, managed services customers and their respective counsel to, among other things, figure out what went wrong, which party is responsible, and what can be done to fix it.

DisputeSoft professionals can also assess each party’s performance under the Agreement, determine whether a service was “in scope,” and analyze whether a service was being performed at contractually required or industry standard levels.  If the parties are still interested in reconciling their differences, DisputeSoft can work with counsel to develop a “service improvement plan” or assist in the development of settlement terms, if needed.

DisputeSoft is well-positioned to support counsel at all stages of a dispute; that is, with restructuring and renegotiation of failing transactions, and when the parties are unable to resolve differences, in litigation.