Dispute Systems Design (DSD)
Dispute Systems Design (DSD) is the architecture of dispute resolution systems, which involve the building of a specific set of procedures to deal with a complex dispute. The complexity of the dispute may arise from its facts, legal framework or the involvement of multiple parties.
Tailoring a system to a complex dispute makes it possible to address the unique needs of a case with efficiency, while reducing drastically transaction costs and allowing more stakeholder participation, satisfaction with outcomes and preservation of relationships.
On a neutral perspective or representing parties, Faleck & Associados develops and implements strategies and processes to assist parties for the comprehensive resolution of future or pre-existing disputes. A system can be created, for example, for recurring disputes between companies (e.g. patent disputes or recurrent joint venture misunderstandings) or for the resolution of multiple-party or mass disputes.
The firm assists parties to develop the proper structure – legal documents, financial terms, rules of procedures, legitimacy and payment criteria, processes and alternative methods to assist parties to agreement, other applicable conditions – from which the success and definitiveness of the resolution will depend.
For example, in cases of compensation programs, the firm will work in every step of the resolution of the conflict, such as: (i) identifying the parties; (ii) defining eligibility and compensation criteria; (iii) developing claims evaluation protocol; (iv) implementing dispute resolution processes to facilitate settlements (including hybrid processes); (v) training and hiring of staff; (vi) contacting claimants; (vii) carrying hearings and meetings with claimants; (viii) verifying and evaluating documents and information; (ix) developing forms and necessary documents; (x) developing communication and dissemination strategy; (xi) distributing funds; (xii) developing systems for online claims; (xiii) negotiating with public authorities involved, and so forth.
Faleck & Associados’ DSD services are available also for public institutions and governments, to assist them to prevent, manage and resolve specific disputes, involving collective rights, multiple parties, distribution of funds, design of settlement systems, drafting of legislation and ordinances or implementation of claims resolution facilities in public institutions.