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Mediation can help with contract disputes

| May 22, 2020 | Corporate Contract Law |

Business disputes could lead to crime or even war in earlier phases of human history. Now, things are far more civilized and results are more predictable. Entire courts and court systems address the needs of business owners and managers with disputes to resolve. Although contracts can do a lot to prevent future disagreements, they may not always be honored.

North Carolina civil law allows signatories to contracts the right to bring their disputes to court to claim damages or request an enforcement of the contract. Although a judge may be the final word, there are other ways to resolve problems without spending a lot of time and money in court.

Mediations can be a big part of settlements that end or avoid future conflict in business arrangements. The ethics and principles are similar in mediation, as evidence rules and other procedures are often the same or similar as they would be in court. A mediator is often a trained jurist, although his or her power is often limited to arbitration and can only certify what all parties have agreed.

Mediators also have similar duties to the integrity of the process as judges and attorneys. They may not accept gifts from parties to conflicts they are mediating and they may not advertise their practices beyond a certain point.

If mediation is an option for a contract dispute, it may be best to ask a lawyer about how to begin the process. Legal representation may not be required in mediation or civil court but it is often a good idea when business interests need protection.

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