CPR / University of Tennessee Dispute Prevention Survey

Welcome to the CPR/University of Tennessee Dispute Prevention Survey. Dispute Prevention recognizes that conflict is inevitable in business relationships, just as it is in other relationships.  Sometimes, it can even be productive.  However, that conflict also can turn into a dispute that is distracting and, worse, destructive of the business relationship.  There are mechanisms that parties can deploy to try and prevent that conflict from becoming a dispute.  We are seeking your insight into how you and your company might take steps to prevent disputes in the context of your longer-term strategic business relationships (e.g., joint venture, outsourcing, franchising, licensing, large construction projects). 

As part of the survey, you will be asked to review different dispute prevention mechanisms that have been used to prevent disputes and comment on the extent to which you use each mechanism.  We also ask you to identify any other mechanisms you might deploy to prevent disputes.  We end the survey asking your opinion about barriers to implementing dispute prevention mechanisms.  The survey should take you less than 15 minutes to complete.

The mechanisms below fall into four broad categories:  Contractual Mechanisms (realistic risk allocation, formal covenants of good faith and fair dealing, formal relational contracts, and a step-negotiation process); Governance and Relationships (partnering and formal governance mechanisms); Incentives and Metrics (dispute evaluation systems and metrics and incentive pools); and Third-Party Neutrals (deal architect, standing/standby neutrals). 

Please review the descriptions of the mechanisms below and then answer the questions.