Contract & Commercial Disputes

In life, we frequently make plans and agreements that can ultimately become legal agreements, known as contracts. Unfortunately, however, some of our best laid plans don’t always work out exactly as we planned. For any number of reasons, contracts are made and then broken.

We might have thought there was a complete and unanimous understanding between the parties when, in fact, there was not. Or perhaps two people initially had the same goals when entering into an agreement, but later the circumstances changed. Things that were first believed to be clear between the parties, suddenly become unclear. Sometimes the definitions and understandings of the contractual language itself can be the cause of the conflict. Sometimes, the contractual terms and conditions are interpreted differently by each of the parties, or there is some other confusion about their intent or meaning.

In any of these circumstances, the parties can experience significant difficulties resolving their differences on their own. When this happens, the parties to a contract have several options available to them. The most common methods to resolve a contract dispute are:

Mediation

The highly skilled mediators at ClearView Conflict Resolution have significant training in negotiation techniques, effective listening, and the ability to articulate and restate the positions of the parties in a way that will help guide them towards a resolution that is can be highly satisfying for all concerned. Mediators do not personally determine a resolution to the matter, but rather assist the parties to craft their own solutions.

Mediation sessions can be done entirely online, (e.g. via Zoom, MS Teams, etc.), or can be held in person at a mutually agreeable, neutral location. The parties to a dispute may attend the mediation session on their own, or with their own lawyers either physically present or available for consultation via telephone, (or otherwise), as the mediation process unfolds. Any agreement or understanding that is reached by the parties at the end of the mediation session can then form the basis of a new, revised, or additional contract between the parties that, if necessary, can also be enforced by a court.

The main advantages to mediation, in lieu of proceeding with a lawsuit in court, is that the overall cost is usually significantly less than what the parties would spend in the court process. Mediation also tends to be a much faster process, avoiding the significant courtroom scheduling backlogs that currently exist. It also tends to be a much more focused process, allowing parties to focus and resolve their disputes in a much less time-consuming process.

Perhaps one of the biggest advantages to mediation is that, instead of having a third-party judge or arbitrator determine the outcome of a dispute, (regardless of whether you agree with that solution or not), the parties involved play a direct role in the resolution of their own disagreement.

Not only does this allow the parties to be very creative in finding solutions that fit their particular circumstances, (which might not otherwise be available to a judge pursuant to the law and a strictly legal interpretation of the dispute), but it can also help to preserve a much better working relationship between the parties. In addition, mediation offers 100% privacy and confidentiality, which is not the case when matters are presented, argued, and determined in an “open-to-the-public” courtroom setting.

Arbitration

Arbitration is slightly different than the mediation process because it is the arbitrator who makes all the final decisions about how the dispute will ultimately be resolved — instead of the parties themselves. In most cases, the decisions made by the arbitrator are both final, (meaning that they cannot be appealed), and legally binding, (meaning that they can be fully enforced by either the parties themselves, or with the assistance of the court).

In many ways, arbitration is very similar to regular courtroom litigation, except that instead of leaving the decision making to a public court judge, you are hiring a specialized arbitrator who may have some specific knowledge about your particular dispute, and who essentially acts as a “private judge.”

Arbitration has the same advantages as mediation, because it allows the parties to focus their efforts into a much more time efficient and considerably less expensive dispute resolution process. Like mediation, arbitration is also 100% private and confidential.

The options for contract dispute resolution can be as different and varied as the personalities, interests, and goals of the parties seeking the resolution. What might be best in one situation, given the facts and circumstances, might not necessarily be best in another.

Regardless of what circumstances you find yourself in, if you are involved in a commercial or contract dispute, the highly qualified mediators and arbitrators at ClearView Conflict Resolution are here to help. We can also assist you at any stage of the dispute process, including in circumstances where the courtroom-based litigation process has already started.

We are here to help. Whenever and however you need it.