Handling Contract Disputes
Business deals usually begin with high hopes. Each party to a contract enters into the agreement after deciding that its advantages outweigh any disadvantages. However, no contract is perfect and over the course of business dealings, disputes can and often do arise.
What is the best way to handle a contract dispute?
- Direct discussions. If possible, the ideal way to handle a contract dispute is directly with the other party. If the parties have a good relationship, then an honest, objective exchange of each other’s point of view can often solve the problem.
- Using attorneys to negotiate. When the parties do not succeed in resolving their dispute, reputable attorneys can often succeed. When two professional, ethical attorneys negotiate with each other on behalf of their clients, each one can represent his or her client with the emotional distance, experience and creativity necessary to find solutions that the clients themselves cannot.
- Mediation. Another option available to parties is mediation. The parties agree to engage an independent third party mediator whose job it is to hear both sides and help them come to an agreement. Sometimes, mediation will occur in one room and, at other times, a mediator will shuttle back and forth between the parties, representing the pros and cons of each possible solution to each side.
- Arbitration. Arbitration is the process of engaging a third party who, after hearing the parties’ positions and evidence, makes a decision that the parties have agreed to accept. Sometimes, the original contract itself will specify that the parties must use arbitration if they have a dispute.
- Litigation. Litigation is the last choice for resolving contract disputes. The process of filing and pursuing a lawsuit is costly, emotionally draining, and time consuming. The results are not guaranteed. Nevertheless, there are times that litigation must be used to protect a party’s contractual rights.
A dedicated and experienced business lawyer can help clients resolve their disputes in a professional and economical manner custom-tailored to their needs.
Business lawyers with a reputation for excellence
The lawyers of Eller & Detrich have helped clients resolve disputes for over thirty years and is proud to represent each client with devotion to the highest standards. If you have a dispute over a contract, contact Eller & Detrich to learn how we can help you.