What is a Contract Dispute? Understanding Contract Disputes in 2023

As you can read from the title, contract disputes come in many forms (verbal and written), even when there is no written document. Often, a contract involves an agreement between parties with expectations and requirements for the performance of a service in exchange for money.

A contractual dispute occurs when the parties break, disregard or have conflicting interpretations regarding the “clear” terms of the contract and what needs to happen next.

This is usually where we see the relationship break down and the whether they know it or not enter into a form dispute or litigation process. Each contract is unique, having a significant impact on how the process might process. For instance, if there is no dispute resolution clause, the aggrieved party traditionally has 5 methods to resolve the contractual dispute.

5 methods to resolve the contractual dispute

1. Informal Negotiation

If your dispute can be settled with simple informal discussions without lawyers, this may be the best course of action. Negotiating with an open mind but also ensuring you have a well thought out set of discussion point and goals based on your side of the dispute may be beneficial.

2. Mediation

Mediation is an informal meeting comprised of the disputing parties and an impartial mediator. The goal of mediation is to identify underlying issues, allow the parties to discuss their and hopefully reach a solution on mutually acceptable terms.

3. Arbitration

Similar to Mediation, but a completely different method of dispute resolution, Arbitration also has a 3^rd party involved who acts as a “Judge”. All parties involved, with or without lawyers, submit evidence and pleas to the judge who will make a final decision that cannot be appealed.

4. Litigation

You have likely heard this terminology. In cases where intervention from the Court is required for example, issuing a letter of demand for a debt not paid, you will find yourself involved in the process of suing the other party in an open court with a presiding Magistrate or Judge who will decide on the facts of the case.

5. Accept the conflicting parties claims

This is not a commonly accepted resolution, disputes have been known to resolve this weigh after weighing up the potential flows with a case and associated costs.

Contract disputes are complex and never the sane therefore it is critical you speak with a solicitor to protect your interest who can work toward your desired outcome.

Before taking any action it is always best to first seek legal advice to protect your interests. It is always best to consider these options carefully and consult with AKS Law in which route is best suited to your circumstances

At AKS Law Brisbane understand that contract disputes can be complex, so our solicitors are experienced in providing comprehensive legal advice and representation Our team of experienced solicitors at AKS Law Brisbane can help you with contract disputes, from reviewing and negotiating contracts to taking legal action and representing you in court. We will work with you to ensure you understand the process and can make informed decisions.

At AKS Law Brisbane, we can assist you in contracts & contract disputes including: