Skilled Advocacy for Contract Issues
Our lawyers represent businesses in all kinds of
business litigation and contract disputes, whether it comes down to a simple contract or a
multilayered, complex set of agreements. No matter what the area of dispute,
we have been there and litigated it.
Here's a short list of some of the claims we handle day in and day out:
We are different from contract litigation firms that do little more than
write letters and hope for the best. We know it can be more cost-effective
to resolve problems by negotiation, but we also know that negotiation
is often not successful unless you are prepared for trial.
When the other side knows that your attorney is willing and able to take
the case as far as it needs to go, they know that you are serious.
Get serious representation from Lyons & Simmons, LLP today.
Your Options for Resolving a Contract Dispute
Your business relies on contracts to do everything from define terms of
employment to enforce sales terms and everything in between. When the
terms of a contract are contract are broken, the offending party could
face a breach of contract lawsuit. However, these can be long, arduous,
and extremely expensive for both parties and it’s not usually preferable
for either. Instead, you have a number of options when it comes to dispute
resolution that can help you find a mutually-beneficial solution in a
much quicker and more cost-effective manner. Let’s look at them
in more detail.
Negotiation
This is perhaps the most basic means of settling differences. Using negotiation
means both parties agree to meet and work out a deal to resolve the terms
of the contract. No judge or third party is involved in any way. The biggest
benefit to this is that it’s arguably the cheapest way of resolving
a dispute and can be the quickest. Parties control the entire process,
make their own agreements, and can create a mutual win-win situation.
On the downside, these proceedings are informal and unstructured, and
depending on how negotiations go, one side may not get the fairest or
desirable outcome.
Mediation
Mediation is a slightly more formal and structured process than negotiation.
In these proceedings, a third party gets involved to essentially bridge
the gap between the two sides and help them come to a mutually-agreeable
resolution. While a mediator doesn’t resolve disputes, they give
both parties the tools to do so on their own through a flexible and voluntary means.
Perhaps the largest advantage of this for businesses is that mediation
remains private, avoiding public disclosure of problems and bad publicity
that can come from it. It can also allow for the preservation of relationships.
Selecting a mediator also isn’t extremely difficult; most attorneys
provide litigation services or can recommend a specialized, reputable mediator.
Arbitration
Arbitration is a more formal and structured method of mediation, but involves
a third party who does get involved and can make decisions regarding the
conclusion of your case. In these scenarios, both sides are allowed to
present evidence supporting their claims, and an arbitrator eventually
makes a decision that will be considered final for both parties. These
decisions are non-binding and you can still take the decision to trial,
however it can be difficult to overturn an arbitrator’s decision
once it is given. Arbitration should only be used when previous methods
of resolution have failed, but it can be far quicker and cost-effective
than a full-fledged trial over a contract dispute.
Litigation
This is the last and arguably most difficult option. Litigation is essentially
a contract dispute lawsuit that is presented before a judge with evidence
after discovery requests by both sides. Contract dispute litigation is
a long process that involves both sides retaining legal representation,
preparing a case, and then presenting and arguing it for quite some time.
There are plenty of reasons to want to avoid contract dispute litigation.
For starters, litigation is involuntary: if you are served a lawsuit,
you must participate. These are extremely formal proceedings, involving
strict rules and procedures, trials are public and can lead to bad publicity,
and they can be extremely expensive. Whoever winds up “losing”
in business litigation (being ruled against) usually winds up unhappy,
and may even be forced to pay the expensive court costs for the other
party. These decisions are binding, and are based entirely on the law.
Facing a Contract Dispute? Call Our Firm at (844) 297-8898
Don’t go through a contract dispute without the right advocate on
your side. Lyons & Simmons, LLP has years of collective experience
handling these types of business cases and is ready to stand as your advocate.
We are battle tested and razor sharp, utilizing our insight and resources
to craft the best possible cases for our clients, whether they are the
plaintiff or the defendant in such disputes.
Complete a
case evaluation form or call our firm today at (844) 297-8898.
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