4 steps to successfully resolving contract disputes

As civil litigators, Gary A. Bennett and Sharon Yeboah are adept at resolving contract disputes in the courts. As appropriate, your attorney[ML2]  can also provide alternative dispute resolution services (ADR). Below, four steps that you may take in your journey to putting past conflicts behind you:

1 – Consider your options

Civil litigation can be costly, time-consuming, and damaging to valuable relationships that you may wish to preserve. Our team at GAB Law Firm in Mississauga, Ontario, may discuss alternatives, such as negotiation, mediation, and arbitration. These pathways to resolving your dispute involve our lawyers acting as negotiators and mediators to help you and the other party reach a favourable and mutual agreement. Arbitration is a more formal process that also keeps your dispute out of the courts. It involves using an impartial arbitrator(s) who hears the facts of the case and then makes the final decision.

2 – Moving forward with litigation

While negotiation and ADR are generally the first steps in resolving disputes, these efforts may fail. Since mediation is typically not binding, you still retain the right to take your case to court. Additionally, the decision from arbitration proceedings may also be appealed on certain grounds.  Sometimes, ADR is simply not an appropriate option.

These circumstances include:

• When there is a pronounced power imbalance between you and the other party that cannot be properly managed even with expert mediation and ADR services
• When there is a question of safety, such as threats of violence associated with the dispute
• When you do not mind or may even favour publicity associated with your case, as alternatives to litigation are generally confidential
• When your case has the potential to affect many other people and may even have the potential to set precedent in contract law, such complexities and needs require the courts as a forum for broad solutions and appropriate dispute resolution

3 – Litigation process

Initial steps include pleading, filing a formal written statement that outlines your claims and defenses. The other party must also respond to the statement formally, which may include counterclaims to the initial complaint. The next step, “discovery,” involves the exchange of information and evidence between parties. Motions may be filed to dismiss the case, and further settlement discussions may take place. If a case is not settled at this time, it goes to trial where opening statements are made, both parties present their evidence, and the case is summarized during closing arguments for the benefit of those judges/jury who are hearing it and will make the final decision or verdict in your case.

4 – Post-trial

A formal judgment is made by the court. Steps are also taken to enforce said judgment; for instance, there are procedures to collect on damages that may be awarded to you. Losing parties may also appeal to a higher court. However, the appeal must be granted to you on grounds such as legal or factual errors and procedural problems.

GAB Law Firm is pleased to provide an overview of the process for resolving contract disputes. We look forward to exploring your options in greater depth during a consultation. Phone our office in Mississauga, ON at (365) 800-2090 today.