Most commercial deals and relationships are based on contracts. But what happens when those deals fall through? You have a big choice to make when promises aren’t kept and commitments aren’t met: should you go to mediation or file a lawsuit right away? 

As your dedicated contract dispute attorney at Ssutton Law Firm, we know how complicated this decision can be and are here to help you through it. For anyone or any business trying to make sense of New York’s complicated legal system, dealing with a contract dispute may be unpleasant and expensive. Whether you live in Manhattan or across the five boroughs, finding the right contract attorney in NYC is very important. The choice you make between mediation and litigation will have a big effect on your time, money, reputation, and, in the end, the result.  

Let’s look into these two different ways to settle contract disagreements.  

Understanding Mediation: The Collaborative Approach  

Mediation is a type of alternative dispute resolution (ADR) in which a neutral third party, called the mediator, facilitates communication and negotiation between the disputing parties. The idea is to help them come to an agreement that both sides accept without going to court.  

Benefits of Mediation for Contract Disputes

Cost-Effectiveness: 

Mediation is usually far less expensive than a full blown lawsuit. You don’t have to pay for extensive discovery costs, court filing fees, and often considerable attorney fees associated with getting ready for trial. As a contract disputes lawyer, we’ve seen how mediation can help keep legal costs down.

Speed and Efficiency: 

Lawsuits can last for months or even years because of court backlogs and complicated rules. You can set up mediation quite quickly, and it may be done in a few days or weeks, which lets you move on faster. 

Privacy: 

Mediation sessions are private and not open to the public, unlike court hearings. This is especially enticing to firms that want to keep their reputation or private business information safe from the public.

Control Over the Outcome:  

You and the other party still have control over the ultimate agreement in mediation. A mediator doesn’t impose a decision, they help you find one. This makes it possible to come up with inventive, customized solutions that a judge or jury might not be able to.

Keeping Relationships: 

Mediation can help you keep a commercial connection going with the opposite party. Mediation is frequently less hostile because it is a group effort, and there is a better likelihood that the parties will be able to work together again in the future.  

When Mediation is the Best Option:

• You want to keep a business relationship with the other person.
• The disagreement is about complicated issues that might benefit from creative, non traditional solutions. 
• You value privacy and confidentiality.
• You are looking for a faster and cheaper solution. 
• Both sides are willing to talk and come to an agreement.  

The Lawsuit Road: Litigation in New York Courts

A lawsuit, often called litigation, is the usual way for a contract disputes lawyer to represent you in court. There are formal pleadings, discovery (the exchange of information and evidence), motions, and maybe a trial before a judge or jury, which ends with a binding judgment.  

Pros of Going to Court for Contract Disputes

Binding Decision:

A court decision is legally binding and can be enforced. If you win, the opposing side has to follow what the court says.

Setting Precedence: 

A court verdict can set legal precedence, which could be essential if your case has bigger effects on your industry or future contracts. 

Full Discovery: 

In a lawsuit, you can force the other party to give you documents and testimony under oath. If you think the other side is hiding information or if your case depends on finding out facts, this can be very important.

Public Accountability: 

For some, the fact that a lawsuit is public stops the other party or others from breaking the law again.

When You Need to Force an Outcome: 

If the other side won’t negotiate or compromise at all, or if their behavior has been especially bad, going to court may be the only way to get justice.  

When it’s best or necessary to go to court:

• The other party is not willing to negotiate or take part in mediation at all.
• You need a legally binding precedent set.
• You need extensive discovery to find important evidence.
• There is a big power imbalance between the parties that could make fair mediation hard.  
• The contract makes it clear that arbitration or going to court is the only way to settle a disagreement.  
• You want the court to order punitive damages or specific performance.  

The Role of Your Contract Dispute Lawyer  

No matter if you select mediation or litigation, it’s important to have a knowledgeable contract dispute attorney on your side. Here’s how a good contract disputes lawyer can help: 

Legal Analysis and Strategy: 

Your lawyer will carefully read your contract, figure out what went wrong, and figure out what your case’s strengths and weaknesses are. They will assist you in understanding your legal rights and obligations and advising on the best course of action. 

Getting Ready for Mediation: 

If you choose mediation, your lawyer will help you get your arguments ready, organize your evidence, and figure out your negotiation strategy and bottom lines. They will speak out for you at the mediation sessions to make sure your voice is heard and your rights are safeguarded. 

Skilled Negotiation: 

Your contract attorney will be your advocate in both mediation and direct negotiation, fighting hard for you to get the best possible conclusion. 

Litigation Expertise: 

If you need to go to court, your contract disputes lawyer will take care of everything, from writing pleadings and organizing discovery to representing you in court and, if necessary, through appeals. They will make a good case, give convincing reasons for their position, and fight to safeguard your interests. 

Risk Assessment: 

A knowledgeable lawyer can provide you with a realistic picture of the possible costs, risks, and rewards of both mediation and litigation, empowering you to make informed decisions.  

Making the Right Choice with Ssutton Law Firm  

Deciding between mediation and a lawsuit is a strategic choice that depends heavily on the details of your contract disagreement and what you want to achieve in the end. There isn’t one answer that works for everyone.  

Our team of experienced contract dispute attorneys at Ssutton Law is dedicated to giving you clear, useful advice that is specific to your case. We are proud to be knowledgeable contract attorneys in NYC who always put your needs first. We will help you balance the pros and cons, look at all the possibilities, and figure out the best way to settle your contract dispute in a way that works for you.  

Don’t let a quarrel over a contract get in the way of your business or your peace of mind. Call Ssutton Law Firm today to talk about your alternatives. A dedicated contract disputes lawyer will help you find a solution. We’re here to help you understand the complicated world of contract law.