Contracts keep trade open and employment free by reducing the risks of doing business with or working for another person or company. All honest businesspeople enjoy the security of contracts and the ability to pursue justice if one is breached.
There are many ways to work out a contract, and there are many ways to resolves disputes within one. A lawsuit for breach of contract is one definitive way to challenge someone's conduct or failure to meet an obligation. A simple lawsuit, however, is increasingly becoming a last resort after other steps, including mediation.
Mediation is often less time-consuming and less expensive than two parties and their attorneys battling the issue out. Mediation is very useful in construction litigation and business disputes as well as family law and employment contracts. One California school district attempted mediation to resolve a contract dispute with teachers and come up with a new offer.
There a few drawbacks to mediation, but one is that some litigants do not take the atmosphere as seriously as the more formal environment of a courtroom. But decisions approved by mediators are legally binding and are a way to avoid a courtroom, which is often the ideal solution for both sides of a dispute.
Builders, employers and businesspeople with contract disputes to manage may consider mediation as a first attempt to resolve them. Whether in a mediator's office or a court of law, legal representation is generally an advantage for litigants. An attorney can represent a person's or party's interests and help advise the best way to negotiate or win the right settlement.