What are methods of dispute resolution between parties to a contract?
Methods of dispute resolution between parties to a contract in Massachusetts are used when parties are in disagreement and need to settle the matter outside of court. There are several common dispute resolution methods employed in contract law, including mediation, arbitration, and litigation. Mediation is a form of dispute resolution in which an unbiased third-party mediator is used to help the parties come to a mutual agreement without involving the courts. The mediator facilitates conversations between the parties, works to bring understanding and consensus, and helps the parties come to an agreements that is mutually beneficial. Arbitration is another method of dispute resolution that involves the appointment of an arbitrator or panel of arbitrators to determine a fair resolution to the disagreement. The arbitrator usually has expertise in the subject matter of the dispute and can issue a binding decision on the issues in dispute. Litigation is the process of resolving a dispute through the court system. In litigation, parties to the dispute have the right to a trial by jury and the court is responsible for deciding who is right and who is wrong. Litigation can be expensive and time-consuming, but it is an option for parties who cannot reach a resolution through alternative dispute resolution methods. No matter which method of dispute resolution is used, it is important for parties to a contract to be aware of their rights and obligations and to seek professional advice when in disagreement over terms of the contract.
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