As a lawyer that deals with breaches of contract, clients usually come to me when their contract has already been breached.
Frequently, before there was a breach of contract, there was a contract dispute where neither side could work out a solution.
In fact, contract disputes quickly become contentious.
When both sides refuse to concede any ground, negotiations break down and interfere with the day-to-day operation of the business.
Often, it is a good idea to employ an attorney before litigation becomes necessary. There are many different methods for resolving a contract dispute that an attorney can offer advice on.
The main methods are:
· Negotiation-I recommend having both sides represented by attorneys who can effectively negotiate and broker a solution to the dispute.
- Mediation-This is where the attorneys and clients meet with a mediator. Both sides present their case to the mediator and (s)he helps the sides come to a resolution. However, mediation is not binding, which means that a resolution does not have to occur, and a mediator cannot make the sides come to a resolution.
- Arbitration-This is similar to mediation except the arbiter will come to a resolution that (s)he thinks is best. This can be appealed, or litigation can be brought to stay or enforce the arbitration.
Remember that the goal is to come to a resolution with the other side and hopefully continue doing business together and make each other lots of money.
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