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Business contracts can be complicated, and they can be challenged, disputed, misinterpreted, and deconstructed in many ways. These disputes waste significant amounts of time and money. More importantly, they jeopardize the legal interests and financial health of the businesses involved. An experienced Texas business attorney, however, can draft your contracts to minimize disputes and protect your company’s legal interests.
Before a contract dispute gets to court, consider the many alternative methods of dispute resolution. One is to hire a private mediator or arbitrator to help sort through the dispute. A mediator will attempt to help the parties consider other solutions for resolving their disputes. An arbitrator, by contrast, will hear both sides of the issue, then issue a decision that either party may appeal to a court. It has become common for contracts to contain provisions that require the parties to submit their disputes to mediation or arbitration before filing lawsuits. Even if the disputed contract does not contain such a provision, however, alternative dispute resolution can be preferable to litigation for many reasons.
If alternative dispute resolution does not appropriately resolve the contract dispute, the parties must submit the contract to a court. A judge can make determinations about the legal interpretation of a contract. Sometimes, these preliminary rulings enable the parties to settle the case without a trial. Other times, a judge will order the parties to submit to mediation or arbitration. If none of these options lead to a satisfactory resolution, the court will then schedule a trial date for the parties. A trial takes away a litigant’s participation in the decision-making process. Rather than having a say in the settlement process, a decision is forced upon the parties. The parties are left to bear their own attorney fees, court costs, and other litigation expenses. And perhaps most concerning, it can take months to simply get a trial scheduled. The financial health of a business can suffer serious harm during that time.
Every business contract dispute is different. Not every case must go to trial, but some cases cannot be resolved outside of court. There is no right or wrong answer for every case. Therefore, business owners must seek the advice of experienced business contract attorneys who can explore the pros and cons of all options for resolving any contract disputes. More importantly, an attorney can help find the right solution for your business and your contract.
Attorney Andrew Weisblatt has helped business owners resolve disputes quickly and effectively for 25 years. The Weisblatt Law Firm offers contract services including drafting new contracts, reviewing existing contracts, negotiating contract disputes and, if necessary, litigation. Call (713) 352-0847 or contact us online to schedule your free phone consultation today. We will ensure that your contracts are written and enforced to protect your legal interests.