Adoption 101: The Legal Fundamentals

Understanding Contract Dispute Resolution Channels

15 March 2021

Brayden Miles

Contracts are legally binding between the transacting parties. Each party is expected to fulfill its roles until contract maturity. However, many people entering into contracts are unaware of their legal implications, resulting in numerous litigations. For example, it is estimated that U.S. corporations incur more than $20 billion annually in litigation fees because of contract disputes.

Contract dispute laws provide a framework for determining the legality, enforceability, and compensation for breached agreements. Individuals and corporations should avoid contract disputes associated with avoidable expenses and negative publicity. The following are the first-line resolution methods utilized during contract disputes:

Informal Settlement

Disputing parties should consider informal out-of-court settlement as their first-line solution because it is cheap and time-saving. The settlement requires the involved parties to discuss the breached contract, incurred damages, and suitable compensation. However, the parties must be willing to settle out of court. Though the method is informal, you can hire contract dispute lawyers to avoid subsequent litigations. Informal settlements mitigate prolonged litigation cases, which are often cost-intensive.

Mediation Settlement

Some parties often dislike informal resolutions but still prefer out-of-court settlement. Mediation provides an effective strategy through which such parties may settle their contract disputes. Dispute settlement through mediation often involves a neutral facilitator who presides over the negotiations. The mediator may be directly or passively involved during the negotiations. The latter requires the facilitator to evaluate the parties' claims and evidence before providing a neutral assessment. Unlike informal settlement, mediation may utilize contract dispute laws to determine incurred damages and subsequent compensation.

Expedited Arbitration

Arbitration is considered a hybrid of mediation because it utilizes a similar approach but has superior implications. Parties may utilize expedited arbitration to speed up the dispute resolution process. During the arbitration, the disputing parties present their claims to the selected facilitators who evaluate the submitted evidence. Unlike mediation, where the disputing parties may accept or reject the facilitators' assessment, arbitrators' findings are usually binding. The enforceability of the arbitrators' decisions prompts them to align their assessments with contract dispute laws to mitigate subsequent petitions. 

Court Litigation

Disputing parties may opt for court litigation when they fail to reach an out-of-court settlement. The option may also be considered when one party is uninterested in the available alternative dispute resolution options. Unlike the alternative methods, court litigation strictly adheres to contract dispute laws. Additionally, the litigations often utilize contract dispute lawyers because of their complexity. Court rulings on contract disputes are binding unless one party appeals the decision.

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