Navigating Performance Disputes: Strategies for Resolution

Dealing with performance disputes can be tough. Whether it’s a disagreement at work, a problem with a contract, or an issue with a neighbor, these conflicts can really get under your skin. This article is all about figuring out how to sort these things out. We’ll look at how to talk things through, when to bring in someone neutral, and how to make sure agreements stick. The goal is to get past these performance disputes and move forward.

Key Takeaways

Understanding what causes performance disputes is the first step to resolving them. Knowing the common triggers helps in addressing the root of the problem.
Open communication and active listening are vital for productive conversations. Framing issues carefully can make a big difference.
Mediation offers a structured way to resolve conflicts with a neutral third party, especially when direct dialogue fails.
Different types of disputes, from workplace issues to commercial disagreements and civil matters, require tailored approaches to resolution.
Preventing future performance disputes involves setting clear expectations, providing regular feedback, and building a culture of open communication.

Understanding Performance Disputes

Performance disputes happen. They’re those sticky situations at work where expectations about how well someone is doing just don’t line up. It’s not always about someone being lazy or incompetent, though sometimes it can be. More often, it’s a mismatch in understanding, communication, or priorities. These disagreements can pop up between colleagues, between a manager and their team member, or even within a whole team trying to get a project done.

Defining Performance Disputes in the Workplace

At its core, a performance dispute is a disagreement about the quality, quantity, or timeliness of work being done. It’s when one party believes the other isn’t meeting agreed-upon standards, and this difference in opinion is causing friction or hindering progress. This isn’t just about a single missed deadline; it can be a pattern of behavior or a fundamental difference in how tasks are approached. The key is that there’s a perceived gap between what’s expected and what’s being delivered. This gap can lead to frustration, decreased morale, and a breakdown in how people work together.

Common Triggers for Performance Disputes

What gets these disputes rolling? Lots of things, really. Sometimes it’s unclear job descriptions or goals that were never properly set. Maybe the training wasn’t sufficient, or the resources needed to do the job well just aren’t there. Communication breakdowns are huge culprits – people not talking to each other, or not talking clearly. Other times, it’s about differing work styles or personalities clashing. Even changes in the workplace, like new management or shifting priorities, can trigger these issues if not handled carefully.

Here are some common triggers:

Vague Expectations: Goals or tasks are not clearly defined, leaving room for interpretation.
Lack of Feedback: Employees don’t receive regular, constructive feedback on their performance.
Insufficient Training or Resources: Individuals are not equipped with the necessary skills or tools to succeed.
Communication Breakdowns: Misunderstandings arise due to poor or infrequent communication.
Differing Work Styles: Personal approaches to tasks and collaboration create friction.
Unrealistic Deadlines or Workloads: The demands placed on individuals are unsustainable.

The Impact of Unresolved Performance Disputes

If these disputes are left to fester, they can really mess things up. Productivity takes a hit because people are spending energy arguing or worrying instead of working. Morale plummets, and you might see more people calling in sick or even looking for new jobs. Teamwork suffers, and the overall atmosphere in the workplace can become pretty negative. It’s like a small crack in a wall that, if ignored, can eventually bring the whole thing down. Ignoring performance disputes rarely makes them go away; it usually just makes them worse.

Unresolved issues can create a toxic work environment where trust erodes, collaboration breaks down, and employees feel undervalued or misunderstood. This can lead to increased turnover, decreased productivity, and significant costs for the organization in terms of recruitment, training, and lost output.

Initiating Constructive Dialogue

Sometimes, performance issues can feel like a tangled knot. Before things get too complicated, starting a conversation is key. It’s not about pointing fingers, but about getting on the same page. Open communication is the first step toward untangling any performance dispute.

The Role of Open Communication

When performance issues arise, the natural tendency might be to avoid the topic, hoping it resolves itself. That rarely works. Instead, creating an environment where people feel safe to talk about concerns, even difficult ones, is really important. This means being direct but also respectful. It’s about setting the stage for a productive talk, not a confrontation. Think of it like this: if a plant isn’t growing well, you don’t just ignore it; you check the soil, the water, the light. You investigate what’s going on.

Active Listening Techniques for Resolution

Listening is more than just hearing words. It’s about truly understanding what the other person is trying to say, both the facts and the feelings behind them. When someone is explaining their perspective on a performance issue, really focus on them. Try to put yourself in their shoes for a moment. This isn’t about agreeing with them right away, but about showing you’re trying to grasp their point of view.

Here are a few ways to practice active listening:

Pay Attention: Put away distractions. Make eye contact (if culturally appropriate) and nod to show you’re engaged.
Reflect and Paraphrase: Briefly summarize what you heard in your own words. For example, "So, if I’m understanding correctly, you’re concerned about the project deadline because of the unexpected team changes?"
Ask Clarifying Questions: If something isn’t clear, ask for more details. "Could you tell me more about what happened during that meeting?"
Validate Feelings: Acknowledge the emotions being expressed. "It sounds like you felt frustrated when that happened."

Framing Issues for Productive Conversation

How you start a conversation can make a big difference. Instead of saying, "You’re not meeting expectations," try framing it differently. Focus on the situation or the task, not just the person. For instance, you could say, "I’ve noticed some challenges with the recent report submissions, and I’d like to discuss how we can get them back on track." This approach is less accusatory and opens the door for problem-solving. It shifts the focus from blame to finding solutions together.

When discussing performance, it’s helpful to focus on observable behaviors and specific outcomes rather than making broad judgments about a person’s abilities or character. This keeps the conversation objective and constructive.

It’s also useful to think about what a good outcome would look like for everyone involved. What does success look like in this situation? Having a shared vision for resolution can guide the conversation toward positive steps.

Exploring Mediation Strategies

When direct conversations hit a wall, mediation offers a structured way to find common ground. It’s a process where a neutral third party, the mediator, helps people talk through their disagreements and come up with their own solutions. Think of it as guided negotiation. It’s not about winning or losing, but about finding a way forward that works for everyone involved.

When to Consider Mediation

Mediation isn’t always the first step, but it’s a good option when other methods haven’t worked or when preserving a relationship is important. It’s particularly useful in situations where:

Direct communication has broken down, leading to frustration or stalemate.
Parties want to avoid the cost, time, and adversarial nature of legal proceedings.
There’s a desire to maintain a working relationship, whether as colleagues, business partners, or neighbors.
A neutral perspective is needed to help parties see the situation more clearly.
Creative solutions are required that a court might not be able to order.

The Mediator’s Role in Performance Disputes

The mediator acts as a facilitator, not a judge. Their main job is to help the conversation flow constructively. They don’t decide who is right or wrong. Instead, they focus on:

Ensuring a safe and respectful environment for everyone to speak.
Guiding the discussion to keep it focused on the issues at hand.
Helping parties understand each other’s perspectives and underlying needs.
Assisting in brainstorming potential solutions and evaluating their feasibility.
Maintaining neutrality and impartiality throughout the process.

Confidentiality and Neutrality in Mediation

Two cornerstones of mediation are confidentiality and neutrality. Confidentiality means that what is said during mediation generally stays within the mediation room. This encourages open and honest discussion without fear of those statements being used against you later. This protection is vital for building trust. Neutrality means the mediator has no personal stake in the outcome and treats all parties equally. They don’t take sides or favor one person over another. This impartiality is what allows parties to feel safe enough to explore solutions.

Leveraging Mediator Skills

De-escalation Techniques for Tense Situations

When things get heated, a mediator’s calm presence is key. It’s not about shutting down emotions, but about managing them so people can actually talk. Think of it like turning down the volume on a loud argument so you can hear what’s actually being said. Mediators use simple things like taking a short break, suggesting a deep breath, or just acknowledging the frustration. The goal is to create a space where people feel heard, even if they’re upset. Sometimes, just saying "I can see how upsetting this is for you" can make a big difference. It doesn’t mean the mediator agrees with the person, just that they recognize the emotion. This helps people calm down enough to think more clearly.

Utilizing Reflective Listening

Reflective listening is more than just repeating what someone said. It’s about showing you’ve really heard them, both the facts and the feelings. A mediator might say, "So, if I’m understanding correctly, you’re feeling frustrated because the project deadline was missed, and you’re worried about the impact on your team’s workload?" This kind of statement does a few things. It checks if the mediator got it right, it shows the speaker they’ve been understood, and it can even help the speaker hear their own concerns more clearly. It’s like holding up a mirror to their words and feelings. This technique helps build trust and makes people feel more comfortable sharing what’s really bothering them.

Empowering Parties Through Dialogue

Mediators don’t make decisions for people; they help people make their own decisions. This is where empowering dialogue comes in. Instead of telling people what to do, a mediator asks questions that help them think through their options. Questions like, "What would a good outcome look like for you?" or "What are the potential consequences if you don’t reach an agreement today?" guide the parties to find their own solutions. It’s about giving people the tools and the confidence to speak up for themselves and to find a way forward that works for them. This makes the final agreement much more likely to stick because the parties themselves created it.

Navigating Workplace Specifics

Workplace conflicts can get pretty messy, right? It’s not just about disagreements; it’s about how these issues affect day-to-day operations and team dynamics. When people can’t get along or aren’t meeting expectations, it creates a ripple effect. Let’s break down some common workplace scenarios and how mediation can help sort things out.

Addressing Interpersonal Conflicts Between Colleagues

Sometimes, two people just don’t click, and it spills over into their work. This could be anything from personality clashes to differing work styles that lead to friction. When these conflicts aren’t handled, they can really drag down team morale and productivity. Mediation here focuses on helping colleagues understand each other’s perspectives and find ways to work together respectfully, even if they don’t become best friends.

Identify the core issues: What’s really bothering each person?
Facilitate communication: Create a safe space for them to talk it out.
Explore practical solutions: How can they adjust their interactions to minimize conflict?
Set clear expectations: Agree on how they will communicate and collaborate moving forward.

Resolving Manager-Employee Disagreements

Disagreements between managers and employees often involve performance expectations, workload, or feedback. These can be tricky because of the inherent power dynamic. A mediator can help ensure the employee feels heard and understood, while also helping the manager communicate their needs and expectations clearly and constructively. The goal is to get back on track with clear goals and mutual respect.

Key areas often addressed:

Area of Disagreement	Mediator’s Focus
Performance standards	Clarifying expectations and feedback mechanisms
Workload distribution	Discussing capacity and task prioritization
Communication styles	Improving clarity and active listening
Role clarity	Defining responsibilities and boundaries

It’s important that both parties feel they have a fair chance to explain their side without interruption or judgment. The mediator’s job is to keep the conversation moving towards understanding and actionable steps.

Mediating Team Dysfunction and Collaboration Breakdowns

When a whole team is struggling to work together, it’s a bigger challenge. This might look like poor communication, lack of trust, or unresolved conflicts among multiple members. Mediation in this context aims to identify the root causes of the dysfunction and help the team develop better ways to collaborate. It’s about rebuilding trust and establishing healthier team norms so everyone can contribute effectively.

Establishing clear team goals and individual roles.
Improving communication channels and feedback loops.
Developing shared strategies for conflict resolution within the team.
Rebuilding trust through consistent, positive interactions.

Commercial Contexts for Disputes

When businesses have disagreements about performance, things can get complicated pretty fast. It’s not just about hurt feelings; it’s about money, contracts, and reputations. These kinds of disputes pop up in a few main areas.

Resolving Contractual Performance Issues

Contracts are the backbone of business. When one party isn’t doing what they promised, it can cause a ripple effect. Maybe a supplier delivered late, or a service wasn’t up to par. The key here is to look at what the contract actually says. What were the agreed-upon standards? What are the consequences if those standards aren’t met? Sometimes, it’s a simple misunderstanding, and a conversation can clear things up. Other times, it might involve financial penalties or even ending the contract.

Review the contract’s specific performance clauses.
Identify the exact nature of the performance shortfall.
Determine the contractual remedies available.
Consider the impact on your business operations.

It’s often more productive to focus on what can be done to fix the situation moving forward, rather than dwelling solely on who is to blame for past failures.

Addressing Partnership and Shareholder Conflicts

Partnerships and shareholder agreements are built on trust and shared goals. When performance issues arise, they can quickly turn into deep-seated conflicts. This might involve disagreements over business strategy, financial management, or how the company is being run. Mediation can be really helpful here because it allows partners or shareholders to talk through their concerns in a neutral space. The goal is to find a way to either realign their vision or, if that’s not possible, to part ways amicably.

Clarify roles and responsibilities within the partnership/company.
Examine financial performance against agreed-upon metrics.
Discuss future strategic direction and individual contributions.
Explore options for buyouts, dissolution, or revised operating agreements.

Managing Intellectual Property Performance Disputes

Intellectual property (IP) is a valuable asset. Disputes can arise when there are disagreements over licensing agreements, patent infringements, or the performance of services related to IP. For example, a software developer might not deliver a product that meets the agreed-upon specifications, or a licensee might not be paying royalties as required. These cases often require specialized knowledge, so mediators with experience in IP law or technology can be particularly effective. The focus is usually on ensuring that the IP rights are protected and that contractual obligations are met.

Define the scope and terms of the IP license or agreement.
Assess whether the performance meets the contractual standards for the IP.
Investigate any alleged infringement or misuse.
Seek remedies such as injunctions, damages, or renegotiated terms.

Civil and Community Resolutions

When disputes spill over into our neighborhoods or involve everyday civil matters, mediation offers a way to sort things out without immediately heading to court. Think about disagreements over property lines, noise complaints that just won’t quit, or issues between landlords and tenants that seem impossible to fix. These aren’t usually criminal matters, but they can really make life difficult.

Handling Property and Boundary Disagreements

Property disputes can get heated, especially when they involve something as fundamental as where your land ends and your neighbor’s begins. Sometimes, it’s a simple misunderstanding about fences, trees, or access. Other times, it might be a long-standing issue that’s been simmering for years. Mediation can help by:

Getting both sides to clearly state their concerns and what they believe the boundaries are.
Exploring the history of the property and any existing agreements or understandings.
Brainstorming practical solutions, like agreeing on a new fence line, sharing maintenance costs for a shared feature, or establishing clear usage rules.

The goal is to find a workable solution that both parties can live with, preserving the peace in the neighborhood.

Mediating Landlord-Tenant Performance Issues

Landlord-tenant conflicts often revolve around the "performance" of both parties – the landlord’s duty to maintain the property and the tenant’s duty to pay rent and care for the unit. When these expectations aren’t met, things can get messy. Mediation can be a good option for issues like:

Rent arrears: Finding a payment plan or addressing the reasons for non-payment.
Repair disputes: Agreeing on a timeline and scope for necessary repairs.
Security deposit disagreements: Clarifying deductions and reaching a fair return amount.
Lease violations: Discussing the breach and potential remedies.

Mediation provides a structured yet informal setting where both the landlord and tenant can voice their frustrations and work towards a mutually agreeable outcome. It’s often much faster and less stressful than going through a formal eviction or small claims process.

Resolving Neighborly Performance Conflicts

Beyond property lines, neighborly disputes can involve a wide range of issues that affect daily life. These might include noise disturbances, pet-related problems, parking disagreements, or disputes over shared amenities. The "performance" here relates to how neighbors interact and respect each other’s right to quiet enjoyment of their homes. Mediation can help by:

Facilitating a conversation where neighbors can express how the issue is affecting them.
Identifying the underlying needs and interests of each party.
Developing practical agreements on things like quiet hours, pet behavior, or parking arrangements.

It’s about finding a way for people to coexist peacefully, even when they have different lifestyles or expectations. Sometimes, just having a neutral person guide the conversation makes all the difference in moving past the conflict.

Cultural and Ethical Considerations

Cultural Competence in Dispute Resolution

When people from different backgrounds come together to sort out a performance issue, things can get complicated fast. It’s not just about what’s said, but how it’s said, and what’s understood (or misunderstood) along the way. Think about how different cultures might view directness versus indirectness in communication, or how they approach showing respect. A mediator needs to be aware of these differences. Ignoring cultural nuances can lead to misinterpretations and make the situation worse, not better. For instance, in some cultures, it’s common to avoid direct confrontation, while in others, it’s expected. A mediator who doesn’t pick up on these cues might push too hard or not hard enough, missing the mark entirely. It’s about being sensitive to varying communication styles, decision-making processes, and even how people express emotions related to conflict. This awareness helps create a space where everyone feels their perspective is genuinely considered, not just heard.

Addressing Power Imbalances Fairly

Sometimes, one person in a dispute has more authority, knowledge, or resources than the other. This creates a power imbalance, and it can really affect how a mediation session goes. Imagine a situation where a senior manager is discussing a performance issue with a junior employee. The employee might feel intimidated, hesitant to speak freely, or worried about saying the wrong thing. A good mediator has to watch out for this. They need to make sure the person with less power still feels comfortable sharing their side of the story and has a real chance to influence the outcome. This might involve using specific questioning techniques, ensuring equal speaking time, or even meeting with each person separately (in caucus) to explore their concerns more deeply without the pressure of the other person being present. The goal is to level the playing field as much as possible so that any agreement reached is fair and truly voluntary for everyone involved.

Upholding Ethical Standards Throughout Mediation

Ethics are the bedrock of mediation. Mediators have a professional duty to be impartial, meaning they don’t take sides. They also need to maintain confidentiality, keeping what’s discussed in the mediation private, with very few exceptions (like if someone is in immediate danger). Parties need to know that what they say won’t be used against them later, which encourages them to be more open. Another key ethical principle is self-determination – the idea that the people involved in the dispute are the ones who get to decide the outcome, not the mediator. The mediator’s job is to help them get there, not to push them towards a specific solution. This means mediators must be honest about their own limitations, avoid conflicts of interest, and always act in a way that respects the dignity and autonomy of the people they are helping. It’s a serious responsibility that requires constant attention to professional guidelines and personal integrity.

Formalizing Agreements and Outcomes

So, you’ve gone through the whole mediation process, talked things out, and actually reached an agreement. That’s a big deal! But the work isn’t quite done yet. The next step is making sure that agreement is solid and that everyone knows what happens next. It’s all about putting it down on paper in a way that makes sense and is actually enforceable.

Drafting Clear Settlement Agreements

This is where you take all those points you agreed on and write them out. It needs to be super clear, leaving no room for confusion later. Think of it like writing down the rules for a game everyone just invented – everyone needs to understand them the same way. A good settlement agreement usually includes:

Identification of Parties: Who is agreeing to what.
Background: A brief mention of the dispute that led to this agreement.
Terms of Agreement: This is the core. What exactly is each person or party going to do, or not do? Be specific. Instead of "improve communication," maybe it’s "respond to emails within 24 business hours."
Timeline: When do these actions need to happen?
Confidentiality Clause: Often, agreements state that the terms themselves are confidential.
Signatures: Everyone involved needs to sign to show they agree.

It’s really important that the language is plain and direct. Avoid legalese if you can, unless your mediator or legal counsel advises otherwise. The goal is for everyone to understand their responsibilities without needing a law degree.

Understanding Enforcement Mechanisms

What happens if someone doesn’t stick to the agreement? That’s where enforcement comes in. Depending on how the agreement was set up, there are a few ways this can work. Sometimes, the agreement itself will outline a process for dealing with breaches, like returning to mediation or a specific penalty. Other times, if the agreement has been made into a court order, you might have legal avenues through the court system. It’s good to have a general idea of what happens if things go sideways, even though hopefully, they won’t.

The real strength of a mediated agreement lies not just in its creation, but in its clarity and the parties’ shared understanding of how it will be upheld. This foresight prevents future conflicts and builds confidence in the resolution process.

Next Steps After Reaching Resolution

Once the agreement is signed, it’s time to put it into action. This might involve making payments, changing work procedures, or communicating differently. It’s also a good idea to schedule a follow-up, maybe a check-in with the mediator or just between the parties, after a set period. This helps to see if the agreement is working as intended and if any small adjustments are needed. It shows a commitment to making the resolution stick and moving forward positively.

Preventing Future Performance Disputes

It’s a lot easier to stop problems before they start, right? When it comes to performance issues at work, being proactive can save a ton of headaches down the line. Think of it like regular maintenance for your car – a little attention now can prevent a major breakdown later.

Establishing Clear Performance Expectations

This is really the bedrock of preventing disputes. People need to know exactly what’s expected of them. This isn’t just about a job description; it’s about defining what success looks like in their specific role, day-to-day. What are the key tasks? What are the quality standards? What are the deadlines? Being specific here is key.

Define measurable goals: Instead of "improve customer service," aim for "reduce customer complaint response time by 15% within the next quarter."
Outline key responsibilities: Clearly list the primary duties and any secondary tasks that are important.
Set quality standards: What does good work look like? Are there specific metrics or benchmarks?
Communicate timelines and priorities: Ensure everyone understands deadlines and what tasks take precedence.

Setting expectations isn’t a one-time event. It’s an ongoing conversation, especially when roles change or new projects begin. Make sure these expectations are documented and easily accessible.

Implementing Effective Feedback Mechanisms

Once expectations are set, people need to know how they’re doing. Waiting for an annual review to point out problems is a recipe for disaster. Regular, constructive feedback is vital. This means both positive reinforcement when things are going well and gentle correction when they’re not.

Schedule regular check-ins: These don’t have to be long, but they should be consistent. Weekly or bi-weekly is often a good starting point.
Provide specific, actionable feedback: Instead of "you need to be more organized," try "I noticed some reports were submitted late this week. Let’s look at how we can better manage the workflow to meet deadlines."
Encourage two-way communication: Feedback shouldn’t just flow from manager to employee. Create an environment where employees feel comfortable asking questions and sharing their own challenges.
Document feedback: Keep a record of discussions, both positive and constructive, to track progress and identify patterns.

Fostering a Culture of Open Communication

Ultimately, a workplace where people feel safe to speak up is a workplace that can address issues before they become major disputes. This means encouraging honesty, transparency, and a willingness to listen.

Lead by example: Managers and leaders should be open about their own challenges and receptive to feedback.
Create safe spaces for discussion: This could be through team meetings, one-on-one sessions, or even anonymous feedback channels.
Address concerns promptly: When an employee raises an issue, acknowledge it and take steps to address it. Ignoring problems only makes them worse.
Train managers on communication skills: Equip leaders with the tools they need to have difficult conversations effectively and empathetically.

Moving Forward After Performance Disputes

So, we’ve talked a lot about how performance issues can pop up and cause friction. It’s never fun, right? Whether it’s a misunderstanding or a real problem, the key is to deal with it head-on. Remember, the goal isn’t to point fingers, but to figure out what went wrong and how to make things better. Using clear communication, listening to everyone’s side, and focusing on solutions can really make a difference. Sometimes, bringing in a neutral person, like a mediator, can help smooth things over when you’re stuck. Ultimately, resolving these kinds of disagreements helps everyone move forward, learn from the experience, and hopefully, build stronger working relationships for the future. It’s about finding a way to work together more effectively.

Frequently Asked Questions

What exactly is a performance dispute at work?

A performance dispute happens when there’s a disagreement about how well someone is doing their job. It could be that a boss thinks an employee isn’t meeting expectations, or maybe an employee feels their work isn’t being recognized fairly. These disagreements can pop up for many reasons, like unclear instructions or different ideas about what ‘good work’ looks like.

Why do performance disputes happen so often?

These kinds of arguments often start because of simple misunderstandings. Maybe the goals weren’t clearly explained, or perhaps there wasn’t enough feedback given along the way. Sometimes, it’s just that people have different ways of working or communicating, which can lead to friction if not handled well.

What happens if we don’t fix these performance problems?

If performance disputes are left alone, they can really hurt a workplace. People might become unhappy, less productive, and trust can break down. In the worst cases, it can lead to people quitting or even legal trouble. It’s much better to sort things out early.

How can talking openly help solve a performance issue?

Open communication is like a bridge. When everyone feels safe to share their thoughts and concerns honestly, it’s easier to understand where the problem is coming from. Talking things through helps clear up confusion and lets people feel heard, which is a big step toward finding a solution together.

When should we think about bringing in a mediator?

Mediation is a great idea when direct talks aren’t working or when emotions are running high. If people involved can’t seem to agree or find common ground on their own, a neutral mediator can step in. They help guide the conversation to make sure everyone is heard and understood, making it easier to reach a fair agreement.

What does a mediator actually do?

A mediator is like a referee for disagreements. They don’t take sides. Their main job is to help the people involved talk to each other respectfully, understand each other’s points of view, and explore different ways to solve the problem. They create a safe space for discussion and help guide the conversation towards a resolution that everyone can agree on.

Can mediation help fix problems between team members?

Absolutely! Mediation is really useful for sorting out conflicts within a team. Whether it’s arguments between colleagues or a general breakdown in how the team works together, a mediator can help everyone express their feelings and ideas. They focus on finding solutions that allow the team to function better and get along more smoothly.

How do we make sure a performance agreement actually works?

Once you’ve reached an agreement, it’s important to write it down clearly, making sure everyone understands what was decided. Then, you need to follow through on the agreed actions. Checking in regularly to see how things are going can help make sure the agreement is being kept and that the performance issues are truly resolved.