An in-depth look at contractual dispute litigation

April 28, 2020 Published by Pollock & Company
Category: Civil Litigation, Legal Advice, Pollock News

Contract law is at the heart of commerce between individuals, businesses, and all other groups. If something goes wrong with a sale, project, business deal or any other situation that involves a an agreement, you may need the help of a team of experienced contractual dispute litigation lawyers.

What is a contractual dispute?

Contractual disputes usually arise when one party does not comply with its obligations to another party. There may be differing interpretations of what is required or expected within the contract. Or, in some cases, one of the parties may breach the terms of their contract.

In all these situations, disagreement can arise, and processes must be followed to determine harm, establish damages, and provide adequate compensation for any parties that were negatively affected by the dispute.

What options are available for resolving contractual disputes?

There are multiple options available for resolving contractual disputes. Here are the most used methods.

Negotiation

Direct negotiations between the two parties can result in a resolution of the problem. For example, the party that breached their contract could offer monetary compensation. If the other party accepts this claim, they may end the dispute.

Mediation

Mediation, as opposed to negotiation, is a formal process conducted under the law. A third-party mediator is used to assist in negotiations and help both parties come to an equally acceptable and amicable resolution to the contractual dispute.

Legal action

If negotiation and mediation are not successful, legal action may be taken, usually in the form of civil litigation. This is typically the option of last resort, but is necessary in some cases, such as when an offending party refuses to provide compensation or is not willing to enter negotiations or mediations.

Is it better to resolve contractual disputes outside of the legal system?

This depends on the situation, the amount of money involved, and several other factors. However, it is usually faster, simpler, and more efficient to simply negotiate directly or go through mediation during contractual disputes.

Most people and companies prefer to resolve disputes outside of the legal system for these reasons. In most cases, legal action is taken as a “last resort” after negotiation or mediation have both failed.

Contact Pollock & Company Lawyers for your contractual dispute litigation case

If you need help with civil litigation in Winnipeg, including contractual disputes, our team is here for you. We represent plaintiffs and initiate lawsuits in contractual dispute litigation, and would be happy to help you.

Contact us now via our website or call 204.956.0450 to get started, and ensure that you get the assistance of the best legal team in the area during your dispute.