Disputes arise at times in commercial contracts. Going to court is usually the last resolve in attempting to settle a contract dispute. Further, it can be costly and time consuming and usually not a satisfying process for both parties.
Alternative options for resolving conflicts outside the courts generally are as follows, and you can choose the method for your particular situation:
- Negotiation: A disagreement can be addressed by both parties discussing the underlying issues to attain a mutually agreeable agreement through consensus. This form of dispute resolution through negotiation can best address the needs and interests of both parties.
- Mediation: Both parties in dispute can arrange an unbiased and impartial mediator to help them resolve their conflict. When the negotiation efforts fail, mediation naturally becomes the next best option. A mediator with the expertise and skill can usually ease tension, encourage both parties to find common ground and reach a meaningful agreement themselves that serves both parties well. Cost of mediation is shared between parties in dispute. Some courts require that certain cases be referred for mediation before a trial can be scheduled.
- Arbitration: Arbitration is less formal and quicker than the courts although it can be more costly at the outset. Arbitration is a process in which a neutral person or a team of neutral persons chosen by parties in dispute to hear the facts and issues of the case subsequently make a decision. Arbitrators are often legal experts in a specific area or specific industry, subject matter expert or business practice.
Legal action: If all of the above fail; legal action can be filed in a court of law. Using one of the first three options gives you more flexibility to be creative in your approach; it gives you better control and personal satisfaction over both process and outcome. It also helps maintain relationships and reputation.
If you are in need of a lawyer to help settle a contract dispute contact our contract dispute lawyers at SBMB Law today at 905-884-9242 and let us help you with all your contract dispute needs.