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Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By resolving the dispute carefully and properly, the rest of the contract can often remain in effect and part of the contract can simply be modified. If that does not work, it may be possible to nullify and void the contract in a way that is satisfactory to both parties, or to the party that was "in the right" in the dispute over terms and conditions contained within the contract. If one or both parties breaches a contract, it can become necessary for dispute resolution to take place in order to ensure that the parties are being treated fairly and that they are compensated accordingly for the performance they have provided under the provisions of the contract (Lynch, 2001; Schwartz, 2010).
Administrative processes for contract dispute resolution include alternative dispute resolution options like mediation (Schwartz, 2010). Basically, when one uses administrative processes in contract dispute resolution that person (or entity in the case of a company or corporation) is looking for a way to address the dispute without the need to go to court. That makes the administrative process much different than the judicial process. It can cost less, take less time, and be less difficult if both parties to the contract want...
The lower cost of administrative processes can really help small companies and individuals settle their differences without the need for lawyers. That is always valuable, because there are many contracts created (and disputed) every year, and a large number of them belong to people who do not have the kind of money it would take to fight the contract in court if a problem arose (ABA, 2011).
With administrative tactics and processes that are used to handle contract dispute resolution, the parties to the contract can work with a mediator or arbitrator in an effort to ensure that they are both being treated fairly and that the dispute comes to an end in a way that all parties to the contract can agree upon and be content with (Lynch, 2001). There will always be a "winner" in these kinds of disputes, but that does not mean that one party will get all of the concessions for which he or she is asking while the other party receives nothing. Most often, administrative processes are designed to be fair and balanced, and that means a better outcome for all of the parties that are attached to the contract. When one factors in the lower cost and shorter amount of time to address and rectify the dispute, it only makes sense that administrative processes would be quite commonly used.
There are also judicial processes that can be used in order to handle contract dispute resolution, including one party taking the other party to court (ABA, 2011). Unlike administrative processes, judicial processes can be time-consuming and very costly…
References
ABA. (2011). What you need to know about dispute resolution: The guide to dispute resolution processes. American Bar Association. Retrieved from http://www.abanet.org/dispute/draftbrochure.pdf
Lynch, J. (2001). ADR and beyond: A systems approach to conflict management. Negotiation Journal, 17(3): 213.
Schwartz, D.S., (2010). Mandatory arbitration and fairness. 84 Notre Dame L. Rev. 1247.
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