The protocol of disagreements is drawn up in duplicate at the conclusion of the contract, if one of the parties does not agree with some of its clauses or conditions. This document may contain an alternative version of some parts of the contract or an addition to the text of the contract.
Instructions
Step 1
Review the dispute protocol sent to your organization by a current or potential client. Check the correctness of its preparation: whether the names of the parties and their details are indicated correctly, whether the form of the protocol complies with the basic rules for its execution. These rules state that the disagreement puncture must contain a tabular section, which reflects the points on which the second party has significant comments. This table should have four columns. The first of them contains the number of the clause or part on which the parties did not agree in their interests. The second column contains the part of the text of the agreement that, according to the second party, needs to be amended. The third column contains the revision of the counterparty, which is not satisfied with the revision of the contract in the second column. The last column is left blank for the drafter to indicate his agreement or disagreement with the option of the authoring organization of the protocol of disagreement.
Step 2
Consult with your organization's lawyers on points your client disagrees with. You can send the document to the employees of the legal department for review, if your company provides for such a procedure. If you work for a small firm, the staffing of which does not imply the position of a lawyer, contact a third-party law firm. Remember that the more carefully you check the terms of the contract that the client asks you to change, the less troubles and misunderstandings await you in the future.
Step 3
Fill in the last column of the tabular section of the protocol of disagreements. The revision of the controversial points of your company may not coincide with the wishes of the client, if it is not beneficial for your side for economic, legal or other reasons. Thus, the last column may contain several options for the items discussed in the protocol. The first option: you agree to meet the client halfway and accept his terms. Then the content of the last column will coincide with the third. With the second option, you categorically do not want to change the original edition. In this case, the last column will be the same as in the second. The third option: you can partially satisfy the wishes of the client and offer him a kind of compromise. Then in the fourth column you should enter your version of the wording of the clause of the agreement.
Step 4
Submit the document to your signatory and affix the seal of the organization. After that, one copy of the protocol of disagreements should be sent to the other party.
