I Have A Contract Dispute; What Do I Do?
- By Chunn Price Harris & Sloan
- •
- 02 Apr, 2018
- •
Whether you are signing the receipt for your morning coffee or purchasing a home, contracts are more common than we may realize. If you experience a contract dispute, here are the steps you may take to resolve it.
1. Review Your Contract
Ensure that all parties have re-read the contract in order to
pinpoint the portion of the contract under dispute.Be on the
lookout for any and all clauses related to dispute resolution
and/or termination of the contract.
2. Negotiate
To avoid additional legal action, it negotiation is always
recommended. During negotiation, ensure that both parties
clarify what they deem to be the cause of the dispute and
what solutions would remedy the dispute.
3. Mediation
When an agreement cannot be met through independent
negotiation, mediation is the next option. With more
structure and an outside person (known as a mediator),
mediation aims to resolve both parties claims with a binding
agreement. Mediation typically involves the assistance of an
attorney.
4. Arbitration
Also known as 'alternate dispute resolution', this process is
used when negotiation has failed. An independent party
(known as an arbitrator) hears the dispute and, acting as a
judge, reaches a decision. It is strongly recommended that
before attending and/or participating in arbitration, one
seeks the advice of an attorney.
5. Litigation
This option is seen as the last resort to contract dispute resolution. This option involves one party bringing legal action and beginning court proceedings against another party or parties. Litigation is controlled by the courts and decisions are made by a judge once proceedings have ended. This option is the most time consuming and costly.
In summary, attempting to negotiate a solution to a contract dispute is advised as the first course of action. Should this prove ineffective, mediation, arbitration and litigation are possible options. However, once you have moved past negotiation, the advice of an attorney or legal professional is strongly encouraged.
If you are experiencing a contract dispute and would like assistance in its resolution, contact our office at (210) 308 - 6677. We would love to speak to you more about your case in order to find the best possible outcome.
If you are experiencing a contract dispute and would like assistance in its resolution, contact our office at (210) 308 - 6677. We would love to speak to you more about your case in order to find the best possible outcome.
Action:
Case, cause, suit or controversy disputed or contested before a court of justice. Also termed action at law. Action is used more often for civil lawsuits than for criminal cases.
Brief: A written document prepared by a lawyer or party on each side of a dispute and filed with the court in support of their arguments.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Hung Jury: A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict.
Innocent until proven guilty: The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Order: A written direction of a court or judge to do or refrain from doing certain acts.
Party: A person or legal entity that is named as a plaintiff or defendant on legal pap
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Brief: A written document prepared by a lawyer or party on each side of a dispute and filed with the court in support of their arguments.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Hung Jury: A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict.
Innocent until proven guilty: The presumption of innocence principle which states that all people accused of a crime are considered to be free of culpability until a court or jury finds that the accused did commit the crime.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Order: A written direction of a court or judge to do or refrain from doing certain acts.
Party: A person or legal entity that is named as a plaintiff or defendant on legal pap
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Legalese: the language spoken by attorneys, paralegals, court officials, and actors on almost every legal drama seen on TV. Even if you have never been involved in a lawsuit, you may have heard some of these terms before. If you've ever wanted to learn this terminology, please enjoy lesson two of Legalese. To expand your knowledge of legalese, visit lesson one and keep an eye out for more lessons in the future!
Appeal: A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Burden of proof: The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
Case file:
Deposition:
Docket: A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Hearsay: Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial
Moot:
Nolo contendere: No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Pro se: Representing oneself. Serving as one's own lawyer.
Subpoena: A command, issued under a court's authority, to a witness to appear and give testimony.
Appeal: A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Burden of proof: The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
Case file:
A complete collection of every document filed in court in a case.
Deposition:
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Docket: A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Hearsay: Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial
Moot:
Not subject to a court ruling because the controversy has not actually arisen, or has ended.
Nolo contendere: No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Pro se: Representing oneself. Serving as one's own lawyer.
Subpoena: A command, issued under a court's authority, to a witness to appear and give testimony.