Methods for Resolving A contract Dispute

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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