Resolving Contract Disputes Out Of Court: Strategies For Business Owners In DuPage County, IL

In this article, you will discover:

• The role of mediation in contract disputes.
• The pros and cons of mediation vs. litigation.
• What to do if the opposing party doesn’t negotiate in good faith.

How Does Mediation Work In Contract Disputes?

Mediation is one of various forms of Alternative Dispute Resolution (ADR). Mediation may be performed by a judge at the courthouse. In that case, it is frequently free of charge. In more complex cases, the parties may choose to engage an independent, third-party mediator to assist them in settling a case. Independent mediation, however, may require the parties to compensate the mediator for their time.

In either scenario, the mediator will assess the strengths and weaknesses of the plaintiff and defendant’s claims in a breach of contract case. The mediator will also have frank discussions with the parties about those strengths and weaknesses, their likelihood of success and the risks of proceeding to trial. Often, a mediator can facilitate a resolution that is acceptable to both parties.

What Are The Pros And Cons Of Mediation Vs. Litigation?

The pros of mediation:

• Typically, mediation resolves the dispute in less time than a trial would.
• Like any settlement, it allows the parties to control the outcome, as opposed to a judge or jury deciding the case.
• The cost of mediation is less than the cost of ongoing litigation.

The cons of mediation:

• Upon completion, you do not have the authority and power of a judgment in the event that that would be advantageous to you.
• What you have instead is essentially a contract or settlement agreement that lays out the terms of the party’s dispute.
• Depending on the nature of the case, mediation can be expensive, and it typically has to be paid for in advance.

How Do I Prepare For Negotiations With The Other Party?

Preparation is a strategic process that must be discussed thoroughly with your attorney prior to any mediation. In my practice, I always require my clients to meet with me in person a week or more in advance of the mediation to assess the strengths and weaknesses of our position versus the other party’s. In this way, we can have an understanding and a framework for how the negotiations may go and avoid surprises when we get to mediation.

Attorney Craig Donnelly is an experienced lawyer based in Oak Brook, IL, who has helped countless clients just like you navigate the intricacies of business law. With his extensive background in mediation, he is prepared to assist you with settling your contract dispute out of court to the satisfaction of all parties.

Still have questions? Ready to get started? Contact Donnelly Law LLC today to schedule an initial consultation.

What Role Does A Business Attorney Play In Out-Of-Court Resolutions?

If you attempt to negotiate a settlement without an attorney, you would likely have little, if any, frame of reference for whether you are making a good, bad or indifferent deal.

While every case is different, there are frequently strong similarities to cases in the past. A seasoned, experienced litigator can value a case and the damages being sought, as well as the potential recovery for those damages at trial.

When you partner with Donnelly Law LLC, you get the benefit of all of our experience assisting you in getting a fair and favorable settlement.

How Do You Handle Situations Where The Other Party Is Unwilling To Negotiate Or Mediate In Good Faith?

We will typically encourage you and opposing counsel to explore settlement in all cases through various methods of alternative dispute resolution, including mediation. Judges will also frequently encourage you to participate in settlement negotiations, and they often offer their time to assist in the settlement process.

Most parties do agree to at least explore a settlement. However, if the opposing party is recalcitrant or simply refuses to negotiate, we typically will not waste our time. Instead, we will proceed with a path of aggressive litigation, hopefully looking to position ourselves for an eventual settlement.

Even though the other party may oppose mediation early on, the overwhelming majority of all litigation cases do settle at some point in time.

What Advice Do You Give Clients To Prepare For Such Situations?

Each case is unique, even though they may have similarities to other cases. We will partner with you at each phase of litigation to move forward toward a favorable and acceptable resolution.

The best advice that we can give you in preparation for mediation is to be open-minded. If the opposing party is being difficult prior to or during mediation, don’t panic.

We have probably seen this situation before, and we probably have other similar cases. We will be able to assist you and the mediator in moving the case forward toward a resolution.

Still Have Questions? Ready To Get Started?

For more information on Resolving Contract Disputes Out Of Court in DuPage County, IL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 608-2124 today.