Contracts are a part of our daily life. It can be hard to go through a single day without coming across a contract. Being able to contract safely plays a vital role in our society and shapes practically how we do just about everything. When a dispute arises from a contract, you may need the help of an experienced attorney. But how does an attorney handle a contract dispute? It depends on the facts in your particular case. Here is a brief summary on how some contractual disputes may be dealt with by an attorney. It is important to remember that not every contract dispute may be handled in the same way. If you have any specific questions, they need to be addressed to your attorney.
Send a Letter
Litigation is expensive and often takes quite awhile to resolve. Before hopping right into filing a claim, your attorney will likely send a letter to the other party explaining the dispute and what you wish to happen. The letter serves as a way for you to quickly resolve the issue without litigation as well as alerting the other party that you have retained counsel and all further contact should be directed to them. Typically, a demand letter will give them a set number of days to respond. After that time has passed, you can file a lawsuit.
Filing a Claim
If your attorney has sent a letter and the other side has not responded or refuses to come to an agreement, your attorney may then file a suit. While in court, your attorney will make motions and bring evidence relating to your lawsuit. In between court dates, your attorney and the other party could discuss solutions that can be made outside of court.
Mediation or Arbitration
Some contracts have a mediation or arbitration clause. This means that you cannot bring a case to trial but rather pursue alternative dispute resolution methods. Arbitration is a lot like a trial but instead of a judge, you have an arbiter presiding over your case. Mediation is less formal and consists of you and your attorneys discussing settlement options together with the help of a neutral third party.