While we hope that you may never have to run into this issue, and for the most part it is relatively exceptional, IFT, like any other organisation, faces the risk of entering into disputes, whether they are arising from internal or external events, within or outside of IFT’ control and with different types of counterparties, from service provides to (former) core contributors (“Counterparty”).
Therefore we have developed this guidance for core contributors on how you can help prevent and mitigate potential disputes, protect IFT’ interests and how to best collaborate with Legal to resolve any disputes in the most peaceful and amicable manner possible.
It is more than likely that IFT will fail to fulfil its obligation(s) towards a Counterparty or if IFT has already failed on its obligation(s) towards a Counterparty (doesn’t matter if the Counterparty is aware about this or not). For example,
IFT failed to pay, or failed to pay on time any amounts due (e.g. an invoice has been unpaid past the stated due date);
Breached a term of a contract in any way, for example, by inappropriate use of services (e.g. a service is being used contrary to a service’s acceptable use policy); or
Breached confidentiality (e.g. a core contributor inadvertently shares confidential information with another third party that is not compliant with the contract).
If a Counterparty claims that IFT is not fulfilling its obligations (whether this is accurate or not) or threatens legal action against IFT in this respect; or
if a legal counsel or a law firm has taken over communications with IFT;
Follow good practices: Preserve all communications with the Counterparty, such as discord chats, emails, any social media chats (e.g. Telegram), calls and meeting notes.
Do not let the Counterparty know you are involving Legal, (for example, do not include Legal in -cc to an email with a Counterparty) unless Legal has advised you to do so. In our experience, if a Counterparty becomes aware that Legal is being involved, it may escalate an already sensitive situation or unnecessarily provoke hostility.
Communicate with the Counterparty only in consultation with Legal and other internal stakeholders as relevant, for example, your team lead.
Any communication with the Counterparty must be screened and approved by Legal.
Any strategy or potential proposals/compromises must also be discussed with Legal.
Rectify/Monitor - Legal and core contributors should continue to monitor for any potential signs that the dispute may resume or re-escalate and ensure that events or factors which led to the dispute have been adequately addressed (e.g. has IFT’ failure to perform an obligation now being rectified?)
Lessons learned - Legal, core contributors, relevant team lead, and any other relevant internal stakeholders should form a “lessons learned” group to review the events and factors, which led up to the dispute and determine whether any changes to procedure or practices should be made to prevent or mitigate the chance of such a dispute arising again. Notes and conclusions should be well documented for future reference