Contract disputes come in many shapes and sizes. These disputes arise in many different areas of law, such as construction law and business law. They occur between both individuals and corporations. However, no matter what the nature of the dispute may be, contract disputes have been resolved with great success by using mediation.
For parties whose relationship needs to remain as cordial as possible, mediation is an excellent solution for contract disputes. Since mediation brings the parties together to actively find solutions to their dispute, the parties’ relationship is typically preserved since the process is focused on a resolution rather than a fight. Clients often leave mediation feeling much more satisfied than they do after a trial.
Mediation also keeps the dispute in the hands of the clients, since they actively participate in its resolution. When mediating contract disputes, this has benefits for both the clients and their attorneys. Judges are often limited in the solutions they can offer to parties in a contract dispute. When a client suffers an unfavorable result at trial, the blame is often placed on the attorney, even if the result was out of the attorney’s control. In mediation, since the client essentially creates his own settlement, there is no such risk, keeping the client happy—meaning future business and referrals for the attorney.
If all of the issues arising from a contract dispute are not resolved at mediation, leaving some to go forward to trial, it is still an important tool for attorneys and their clients. For example, you will have a chance to test your trial strategy and receive feedback on its strengths and weaknesses. More importantly, you will receive a preview of what the opposing party’s trial strategy will be, which allows you to prepare for trial on the contract dispute accordingly.