The Expanding Roles of Alternative Dispute Resolution, Part 1

Alternative Dispute Resolution, or ADR, is a set of practices designed to resolve disputes between individuals as well as businesses without the need for litigation. Since it avoids the courtroom, ADR tends to be faster and cheaper than litigation, and also offers the benefit of confidentiality.

Now that we know more about contract disputes, let’s take a look at some strategies for avoiding them.

Now that we know more about contract disputes, let’s take a look at some strategies for avoiding them.

If you receive a notice of anticipatory breach of contract because of a claim of material breach against you, you’ve got a contract dispute. If you intended to repudiate the contract, then it’s probably time to retain a good contract law attorney, if you haven’t already.

If the breaching party willfully broke the contract, or if the breach resulted from deceit, unfair dealing, or fraud, then the court will likely find the breach material. On the other hand, if the breach was due to circumstances beyond the control of the breaching party, the court will be less likely to find the breach material.

But how do courts determine what constitutes a material breach of contract? They refer to a legal treatise called the Restatement (Second) of the Law of Contracts. Completed in 1979, this treatise is one of the most frequently cited in the entire United States justice system – every first year law student in the country learns about it. In combination with the Uniform Commercial Code, the Restatement governs all contracts and sets out the following criteria for a material breach of contract.

We all try to avoid becoming involved in contract disputes, whether as an individual or a business. Unfortunately, that’s not always possible. If you’re dealing with a breach of contract, a contract dispute is sometimes the only way to ensure that your interests are protected. First, let’s learn a bit more about contracts and contract disputes. Then we’ll take a look at some tips for avoiding them in the first place.

The question is, when a business dispute arises, what is the best way to proceed? When handled poorly, business disputes can destroy reputations as well as companies. Some business disputes are always going to end up in a courtroom. However, in some cases, mediation is a more effective strategy.

In today’s fast paced, complex global business environment, business disputes are an unfortunate, but often unavoidable, fact of life. All managers dread business disputes, especially those with the potential to end in litigation.

When it comes to project delays that incur additional cost, there are two categories: excusable and inexcusable delays. Generally speaking, only inexcusable delays will allow an owner to recover damages from a contractor, or a contractor from a subcontractor. Let’s look at the difference between excusable and inexcusable delays in contract disputes.