Very few people read contracts...until it’s too late. Or they fail to get their attorney’s take, leaving themselves open to too much exposure. Reaching common ground may be a challenge, but mediation can provide the tools needed to reach consensus, thereby avoiding the stress and uncertainty of lengthy and costly lawsuits.

 

When parties enter a contract, they are obligated to carry out the terms of the legally enforceable agreement. A well-crafted contract can be simple or complex, as long as it clearly states the expectations of engagement, as agreed upon by each party—along with terms and conditions to minimize risk.

 

Problems arise as a result of an unintentional breach by either party, usually due to ambiguous or incomplete contract language, or as a result of contract ignorance. However, some breaches are deliberate when one or more parties knowingly fails to fulfill the terms of the agreement.

 

Regardless of the cause for breaching a contract, mediation can be a viable alternative to litigation to satisfy the needs of each party involved. A mediator considers the following circumstances when guiding disputants to resolution:

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• Determine intent of each party when entering the agreement

• Examine the consideration promised or given as a condition of the contract

• Gain consensus for acceptable terms to resolve the dispute