Mediation for Dispute Resolution

Role of TechPesa in Dispute Resolution

Although TechPesa remains available to assist with dispute resolution between SACCOs and their vendors who subscribe as legitimate members of TechPesa Association, we wish to highlight that it remains the primary role of the concerned SACCO to put in all effort to the best of their ability to resolve such conflict through the contractual and partnership agreement that they have with their vendor.
Any SACCO who would be looking to engaging TechPesa would be required to observe the below pointers as they consider engaging Techpesa:
It is important that the SACCO be able to clearly identify and define the conflict / dispute / problem they are facing with their vendors. The SACCO is encouraged to document the specific dispute in a simple manner highlighting any aspects of their contractual or other agreements / expectations that the vendor would be violating.
It is crucial to maintain a record of relevant documents such as invoices, contracts, communication records, and any other evidence related to the conflict that would form the foundation on such conflict and assist the parties evaluate possible resolutions to such conflict.
It is encouraged that prior to escalation of such conflict to TechPesa, the SACCO should make every effort to try to resolve the dispute between them and the vendor. Such efforts would include having open and transparent communication with their vendors in a bid to ensure that the vendor is aware and understands the dispute that the SACCO has with them. In this communication, the SACCO would also make their ask / requirement clear to the vendor on how to remedy such conflict / dispute in good faith
If efforts applied in the direct communication above do not resolve the conflict, the SACCO can consider involving TechPesa to attempt to resolve the dispute. The SACCO would be required to share in writing (to info@techpesa.co.ke) the identification and description of the dispute as captured in a) as well as the supporting documents and communication efforts as captured in b) and c) above.
TechPesa will apply every effort toward resolution of such dispute in line with the objectives of the association and in good faith. The key objective of such efforts will be to resolve and remedy the dispute and restore a harmonious working relationship between the SACCO and the Vendor as a best-case scenario outcome.
In cases where mediation fails to reach a satisfactory resolution, the SACCO can still decide to escalate the matter legally or seek further redress from a legal point of view as per their contractual agreement with the vendor. If need be, TechPesa can also recommend them with legal advisors experienced in commercial disputes if needed.