Contract disputes may involve interpretation, performance, and related factual or remedial issues, together with practical and business factors that affect how agreements are carried out. Examples include scope, pricing, change orders, notice and cure provisions, and potential remedies.
How Mediation Helps In This Context
Participants can evaluate issues against the terms of the agreement, relevant communications, and the course of performance, and consider how timelines and documentation affect the available options. They can test proposals, assess potential outcomes, and identify solutions that can be structured and verified so performance can continue while specific issues are resolved. In many matters, the dispute is informed not only by the written agreement but by how the parties have performed and communicated in practice. Clarifying that context often affects how provisions are applied and what resolutions are workable.
Common Issues
- Performance, delay, and notice of breach
- Scope, pricing, and change orders
- Warranty, indemnity, and limits of liability
- Damages, mitigation, offsets, and payment sequencing
- Operational dependencies, confidentiality, and reputational considerations
Some Considerations For Counsel Preparing For Mediation
- Identify the operative timeline and the necessary documents that inform the decision
- Confirm authority and any board, partner, or insurer approvals
- Consider staged performance tied to verification milestones
- Note any security, lien, or financing constraints that affect feasibility
- Identify any notice or cure provisions that affect sequencing