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.
Thank you for reading, my business is to protect your business!
Watch the video above to learn more.