Contract mediation provides a quick, inexpensive, and private way of resolving any type of contractual dispute.

Frequently Asked Question About Contract Disagreements

How does it work?

Any party to a contract can initiate mediation of a dispute. Out-of-Court Solutions will coordinate a mutually convenient date and time for the mediation.

The mediation typically begins with an explanation of the rules and procedures by the mediator. Then the mediator asks each party to talk about his or her individual perspectives, concerns, and goals. From this point on the mediator meets with parties in a series of joint and separate conferences in which the mediator facilitates communication, offers different options and alternatives for settlement, and provides legal, financial, and other information. Upon resolution, the mediator prepares a written agreement detailing the decisions made by the parties.

What are the benefits of contract mediation?

Mediation is aimed at reducing hostility and increasing understanding, whereas arbitration and litigation are adversarial and thus likely to exacerbate bad feelings and erroneous assumptions. It is for these reasons that contract mediation is likely to restore, and even enhance, business relationships.

Lawsuits and arbitration proceedings of contract disputes with adversarial lawyers are likely to take from six months to three years, and cost thousands of dollars. Contract mediation takes place within weeks, and most disputes are fully resolved in one or two days.

Mediation is private whereas court proceedings are public. Anything said or put in writing during mediation is strictly confidential, barred from later use in court.

The parties keep control in mediation; they don’t surrender decision making to lawyers or a judge. The parties may choose to involve lawyers – but as “consultants” not “combatants.”

Why use a professional mediator?

“It’s difficult to see the picture when you’re inside the frame,” (R.S. Trapp). As objective and highly skilled facilitators, all of the mediators with Out-of-Court Solutions are experts at generating productive communication, respectful negotiations, informed decision-making, and constructive problem-solving.

How do I get started?

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