Contract Dispute Mediation

dispute mediator

Contracts can be complex and lengthy. Parties often think that the longer the contract is, the less chance there is of litigation. Unfortunately, the opposite is often true. The more complex the contract, the more the opportunity for disputes. There always seems to be room for different interpretations of the contract, or something happens that was not foreseen.

Contract disputes between businesses, clients, employees, and consumers are very common. Whilst some see contract disputes as an inevitable cost of doing business, the good news is that resolving contract disputes need not be costly and lengthy.

Disputes typically arise because one party, for whatever reason, does not comply with their obligations under the contract. Often, the other party does not necessarily want to take the matter to court, they simply want what was agreed on in the contract, or compensation if specific performance is not possible.

Fortunately, there are alternatives to lengthy and expensive litigation. Mediation offers a quick and efficient alternative.

Contracts can be complex and lengthy. Parties often think that the longer the contract is, the less chance there is of litigation. Unfortunately, the opposite is often true. The more complex the contract, the more the opportunity for disputes. There always seems to be room for different interpretations of the contract, or something happens that was not foreseen.

Contract disputes between businesses, clients, employees, and consumers are very common. Whilst some see contract disputes as an inevitable cost of doing business, the good news is that resolving contract disputes need not be costly and lengthy.

Disputes typically arise because one party, for whatever reason, does not comply with their obligations under the contract. Often, the other party does not necessarily want to take the matter to court, they simply want what was agreed on in the contract, or compensation if specific performance is not possible.

Fortunately, there are alternatives to lengthy and expensive litigation. Mediation offers a quick and efficient alternative.

What types of contract disputes can be meditated?

Mediation offers the perfect out-of-court resolution for almost all types of contract disputes, including:

  • Non-compete agreements
  • Sale of goods contracts
  • Service contracts
  • Non-disclosure agreements
  • Consumer contracts
  • Business or company contracts
  • Franchise contracts
  • Real Estate contracts
  • Intellectual Property Licenses
  • Employment Agreements
  • Agreements to Provide Services

Contract dispute mediation can be initiated at the parties’ own initiative or ordered by the court if the matter is in litigation. Some courts require mediation (or offer mediated settlement conferences).

mediation

What types of contract disputes can be meditated?

Mediation offers the perfect out-of-court resolution for almost all types of contract disputes, including:

  • Non-compete agreements
  • Sale of goods contracts
  • Service contracts
  • Non-disclosure agreements
  • Consumer contracts
  • Business or company contracts
  • Franchise contracts
  • Real Estate contracts
  • Intellectual Property Licenses
  • Employment Agreements
  • Agreements to Provide Services

Contract dispute mediation can be initiated at the parties’ own initiative or ordered by the court if the matter is in litigation. Some courts require mediation (or offer mediated settlement conferences).

mediation

CONSULT WITH AN EXPERIENCED CIVIL MEDIATOR

Mediation is a cost-saving, time-efficient, and effective way to achieve a mutually agreed-upon resolution to civil disputes, while avoiding the time, expense, and risk associated with resolving a dispute in court.

If you believe your legal dispute can benefit from mediation, call Lex Mediation Services in New Jersey at 201-252-7000, or visit our contact page to schedule a free initial consultation with a knowledgeable and experienced New Jersey Civil Mediator.

CONSULT WITH AN EXPERIENCED CIVIL MEDIATOR

Mediation is a cost-saving, time-efficient, and effective way to achieve a mutually agreed-upon resolution to civil disputes, while avoiding the time, expense, and risk associated with resolving a dispute in court.

If you believe your legal dispute can benefit from mediation, call Lex Mediation Service in New Jersey at 201-252-7000, or visit our contact page to schedule a free initial consultation with a knowledgeable and experienced New Jersey Civil Mediator.

Why mediation?

Mediation is quicker and less costly than litigation. The process is voluntary, confidential, and the parties control the outcome. The parties are also more likely to comply with an agreement that they reached themselves. Importantly, the give and take of mediation may allow the parties to fashion a more creative resolution than a court ordered outcome.

contract disputes

The Role of the Mediator

The mediator is a trained, independent, and impartial third party.

The mediator will:

  • Facilitate open communication to assist the parties to reach an agreement

  • Advise and guide the parties towards a mutually acceptable agreement

  • Work with each party individually to enhance insight into each side’s position

  • Assist both parties to negotiate a settlement

  • Explore alternative solutions

  • Suggest creative solutions, unique to the particular dispute

Mediators do not impose any decision on the parties.

Where appropriate, the contractual relationship between the parties can continue after mediating the dispute.

INQUIRE NOW

Why mediation?

Mediation is quicker and less costly than litigation. The process is voluntary, confidential, and the parties control the outcome. The parties are also more likely to comply with an agreement that they reached themselves. Importantly, the give and take of mediation may allow the parties to fashion a more creative resolution than a court ordered outcome.

The Role of the Mediator

The mediator is a trained, independent, and impartial third party.

The mediator will:

  • Facilitate open communication to assist the parties to reach an agreement

  • Advise and guide the parties towards a mutually acceptable agreement

  • Work with each party individually to enhance insight into each side’s position

  • Assist both parties to negotiate a settlement

  • Explore alternative solutions

  • Suggest creative solutions, unique to the particular dispute

Mediators do not impose any decision on the parties.

Where appropriate, the contractual relationship between the parties can continue after mediating the dispute.

INQUIRE NOW

How can attorney Jay L Silverberg assist with your dispute?

Attorney Silverberg has more than 30 years of experience in all types of commercial, business, and contract law matters. He has successfully
dealt with matters ranging from small business deals to compensation claims for millions of dollars. He has the experience and in-depth
knowledge to identify the issues and knows the costs and risks involved in litigating civil disputes.

As counsel to many successful businesses and individual clients, he has the negotiation skills and expertise to guide parties towards the best
outcome for their particular situation.

If you are involved in a contractual dispute, contact Silverberg Law Firm as soon as possible. Attorney Silverberg will be able to advise whether
your dispute can benefit from mediation and offer excellent mediation skills to resolve your matter quickly and efficiently.

How can attorney Jay L Silverberg assist with your dispute?

Attorney Silverberg has more than 30 years of experience in all types of commercial, business, and contract law matters. He has successfully
dealt with matters ranging from small business deals to compensation claims for millions of dollars. He has the experience and in-depth
knowledge to identify the issues and knows the costs and risks involved in litigating civil disputes.

As counsel to many successful businesses and individual clients, he has the negotiation skills and expertise to guide parties towards the best
outcome for their particular situation.

If you are involved in a contractual dispute, contact Silverberg Law Firm as soon as possible. Attorney Silverberg will be able to advise whether
your dispute can benefit from mediation and offer excellent mediation skills to resolve your matter quickly and efficiently.

Case studies

contract disputes resolution

Employment contracts

Employment disputes can arise in different contexts within the
employment relationship. The business usually wants to keep
allegations of unfair dismissal, discrimination, harassment, or
disputes over payment out of the public eye and resolve disputes
with the least disruption and cost to the business. It is generally
in the interests of both the employee and the employer to resolve
disputes quickly, efficiently, and confidentially.

Mediation offers an out-of-court opportunity for the employer
and the employee to meet privately with a mediator to resolve
the issue in a manner that is satisfactory to both parties. The
mediator will facilitate open communication towards a resolution
that protects the rights and needs of both parties. For example,
an employee feels that he or she was denied a promotion based
on their race, nationality, or religion. They can voice their
concerns in an open discussion in a private forum. Mediation can
offer a resolution without lengthy, costly, public, and often very
stressful litigation.

Commercial Leases

Commercial lease agreements can give rise to any number of
disputes. Rent renewals, lease renewal or refusal, lease
termination, use clauses, sublets and assignments, and
maintenance issues are often not clearly defined in the lease
agreement. For example, a tenant’s stock was damaged due to
a faulty climate control system. The tenant alleges that it was
because the landlord did not take steps to repair the climate
control unit as soon as possible. Perhaps the tenant also alleges
a loss of profit because it lost a contract to supply its customers
in future as a result of the faulty stock. Can the tenant claim
damages from the landlord?

Another example of a dispute that could be successfully mediated is
a dispute between a retail tenant and the landlord over signage or
parking. The retailer always had 5 allocated parking bays, all of a
sudden the landlord allocated two of those to another tenant. Can
the tenant claim damages, or re-negotiate the contract?

Mediation is the perfect solution to resolve these types of
disputes. Both parties probably want to continue with the Lease
agreement and resolve the dispute as soon as possible with the
least expense. Fighting it out in court will certainly not help to
preserve the relationship and will cost both parties more
money than what they need to spend to resolve the issues.

contract dispute resolution
contract disputes mediation

Construction contracts

Construction contracts are becoming increasingly complex.
Clients want to place more and more responsibilities on the
contractor, whilst the contractors want to add more and more
exceptions and terms and conditions to control their risks. The
result being more and more opportunities for disputes. How do
you resolve disputes about cost overruns, delays in completion,
change in plans, and so on, without incurring more costs and
longer delays?

Both court-referred and voluntary mediation have proven to be
a very efficient and satisfactory method of resolving construction
disputes. Both parties can discuss the issues openly, explain
their position and reach a mutually acceptable agreement on the
way forward. Usually, both parties want to continue with the
project as soon a possible without unnecessary delays. Effective
mediation offers such a solution.

Case studies

contract disputes resolution

Employment contracts

Employment disputes can arise in different contexts within the employment relationship. The business usually wants to keep allegations of unfair dismissal, discrimination, harassment, or disputes over payment out of the public eye and resolve disputes with the least disruption and cost to the business. It is generally in the interests of both the employee and the employer to resolve disputes quickly, efficiently, and confidentially.

Mediation offers an out-of-court opportunity for the employer and the employee to meet privately with a mediator to resolve the issue in a manner that is satisfactory to both parties. The mediator will facilitate open communication towards a resolution that protects the rights and needs of both parties. For example, an employee feels that he or she was denied a promotion based on their race, nationality, or religion. They can voice their concerns in an open discussion in a private forum. Mediation can offer a resolution without lengthy, costly, public, and often very stressful litigation.

contract dispute resolution

Commercial Leases

Commercial lease agreements can give rise to any number of disputes. Rent renewals, lease renewal or refusal, lease termination, use clauses, sublets and assignments, and maintenance issues are often not clearly defined in the lease agreement. For example, a tenant’s stock was damaged due to a faulty climate control system. The tenant alleges that it was because the landlord did not take steps to repair the climate control unit as soon as possible. Perhaps the tenant also alleges a loss of profit because it lost a contract to supply its customers in future as a result of the faulty stock. Can the tenant claim damages from the landlord?

Another example of a dispute that could be successfully mediated is a dispute between a retail tenant and the landlord over signage or parking. The retailer always had 5 allocated parking bays, all of a sudden the landlord allocated two of those to another tenant. Can the tenant claim damages, or re-negotiate the contract?

Mediation is the perfect solution to resolve these types of disputes. Both parties probably want to continue with the Lease agreement and resolve the dispute as soon as possible with the least expense. Fighting it out in court will certainly not help to preserve the relationship and will cost both parties more money than what they need to spend to resolve the issues.

contract disputes mediation

Construction contracts

Construction contracts are becoming increasingly complex. Clients want to place more and more responsibilities on the contractor, whilst the contractors want to add more and more exceptions and terms and conditions to control their risks. The result being more and more opportunities for disputes. How do you resolve disputes about cost overruns, delays in completion, change in plans, and so on, without incurring more costs and longer delays?

Both court-referred and voluntary mediation have proven to be a very efficient and satisfactory method of resolving construction disputes. Both parties can discuss the issues openly, explain their position and reach a mutually acceptable agreement on the way forward. Usually, both parties want to continue with the project as soon a possible without unnecessary delays. Effective mediation offers such a solution.

Mediate with Lex

A mediation with Lex is an efficient way to address any contract dispute. We are presently conducting mediation solely by Zoom. It is hoped that in person sessions will resume by 2022. Call us today at 201-252-7000 to discuss how we can help.

Mediate with Lex

A mediation with Lex is an efficient way to address any contract dispute. We are presently conducting mediation solely by Zoom. It is hoped that in person sessions will resume by 2022. Call us today at 201-252-7000 to discuss how we can help.

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