Disputes over contracts are common in business. Sometimes there’s a breach of contract; other times, there may be a disagreement over specific terms of the contract. Disagreements over contracts are common in employment agreements, business contracts, and more. In those cases, coming to a resolution is necessary. What happens, though, if the contract isn’t clear? There are various ways to resolve contractual disputes in Wisconsin.
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Agreement Dispute Resolution
Often, the best resolution for contractual disputes in Wisconsin is to come to a mutual agreement between both parties. Alternative Dispute Resolution (ADR) is a method of resolving contract disputes that uses a neutral third party that works together with both parties to come to an agreeable solution. It helps those disputing the contract to avoid a court trial, ending in a win-win scenario for everyone involved. ADR allows both parties to come to a mutual decision instead of leaving that decision up to the courts to resolve.
There are several methods of ADR. The most common include:
- Arbitration – A neutral third party is appointed to make a decision on behalf of those involved in the contract dispute. With the exception of binding arbitration agreements, this method gives both parties the chance to present their case and negotiate on the terms of the agreement. Then, the arbitrator analyzes the facts and makes a decision.
- Mediation – Similarly to arbitration, mediation uses a third party to work towards an agreement. However, the mediator works in collaboration with both parties involved in the dispute to come to a conclusion. The mediator doesn’t make the final decision, but assists with terms of the resolution.
- Minitrial – A minitrial is a contract dispute method that utilizes a third party or panel to assist with solving the dispute. Each party presents his or her case to the panel, who then decides on a resolution. Minitrials give the option to settle the dispute without going to a formal trial in court.
While ADR may help you avoid going to court, you should still consider hiring a contract dispute attorney. A lawyer will help you present your case in the best way possible while following the contract and Wisconsin law. They can help you through the process of mediation or arbitration while offering counter-arguments to the other side’s case. Hiring a lawyer to represent you during alternative dispute resolution can increase the likelihood of a beneficial conclusion to your contract dispute and prevent the case from going to trial, if that’s what you prefer.
What Happens if a Contract Dispute Case Goes to Trial in Wisconsin?
Sometimes, alternative dispute resolution doesn’t have the desired result of a contract resolution. If the resolution attempt fails, then one or both parties may decide to take the case to court. The judge may order the parties to go through the resolution process again or choose a different resolution method. Other times, the judge may come to his or her own decision about the contract dispute. In those cases, the case must go through litigation where each party must hire an attorney and pay court fees to be seen by a judge. The judge then listens to the case presented by each side and finds a resolution. There is a downside to going to court over a contract dispute since the judge’s decision is final and may not be mutually beneficial for both parties involved. Going to court takes time and money, so it’s crucial to find an experienced litigation attorney familiar with Wisconsin laws to be on your side.
Wisconsin Contract Dispute Attorneys
At Atolles Law, S.C., we have years of experience with assisting clients with contractual disputes. We work with your interests to provide legal resolutions to all types of contract disputes. Our law team understands Wisconsin contract law and can help work toward a solution that’s beneficial to you. To learn more about what we can do for you, contact Atolles Law for a consultation.