Contract Litigation and Arbitration
Business man and business woman shaking hands

One of the major targets of every business is to break even. To achieve this, there is need to “source from” and to “supply to”, thereby, leading to contractual relationships. Legal personalities enter into contracts when they are at the same page on the exchange they intend to make. For certain reasons, problems may arise in future. These contractual problems could arise at the initial stage, perfection stage, delivery stage, payment stage or at any stage. These contractual issues could arise due to lack of clarity, confusing payment terms, lack of price protection, vague delivery schedule, and so on. Having contractual issues is one thing, the method of handling same is another. If you are looking for a contract litigation and arbitration lawyer in metro Atlanta, we are here to help!

Unlike criminal defense, Contract law is sensitive and should be handled with care. This is so because, if businesses fight dirty over contractual issues, they may never patronize each other again. And with the knowledge that there are over a hundred and one businesses that can provide the same services as you, you need to, as much as possible, use the best methods to handle contractual issues with your customers. One more thing; in making sure that the relationship between you and your disputing customer does not go soar, you should not lose out on your contention. No, that is not good for business. Then comes the question; how then can one settle contractual issues with a disputing customer, succeed in his contention, and still keep the relationship between the parties?


Arbitration is a form of Alternative Dispute Resolution (ADR) that settles disputes outside the court of law. On the other side of the coin is Litigation, which is the settlement of disputes in the court of law. These are the two major procedures of settling disputes. Whereas each of them has its pros and cons, the nature of the disputes determines the process to opt for. However, it is a settled fact that Arbitration is better for resolving disputes arising from contracts.

Advantages of Arbitration over Litigation

  • Flexibility and Informality: Arbitration is better for business because it is friendlier and less formal.
  • Less Time Consuming: Unlike Litigation, Arbitration is fast. This is very important because many contractual disputes at times halt or slow down the day-to-day running of the business until the matter is resolved one way or the other.
  • Better Quality of Justice: There is usually an agreeable outcome. This is so because parties are not limited by contract laws or court rules. Parties go straight to the bone of contention, feel free to accept or decline the resolutions that will form the terms of settlement until they arrive at a common ground.
  • Less Expensive: Arbitration unlike Litigation is less expensive in various ways. Firstly, the fact that the likelihood of going on appeal is less, saves the cost of appeals. Secondly, delays such as adjournments in litigations elongate dispute resolution, and these delays are not without cost.
  • Finality: Awards are ultimate and permanent. There are limited chances of further appeals. This makes the parties rest their minds and go about their businesses after filing their terms of settlement.
  • Guarantees Privacy and Confidentiality: In litigation, the court publicly resolves matters, while in arbitration, parties have the right to decide where, when, and how their dispute should be resolved. Sometimes, disputes arising from contracts involve the trade secrets of the parties. Competitors and the general public can leverage the dispute to steal the trade secrets of the parties. But that can be bypassed through ADR.
  • Parties have a Chance to select their Arbitrator(s): In litigation, the enabling law “imposes” judges on disputing parties to preside over courts, while in arbitration, parties have the right to choose their arbitrators. This privilege boosts the confidence and trust of the parties.
  • Expertise: Generally, Judges presiding over the courts of law were lawyers who practiced law for years before qualifying to become judges. However, disputes arising from contracts most times emanate from fields that these judges are not familiar with. This affects the level of the judge’s appreciation of the subject matter. However, in Arbitration, parties while choosing their arbitrator can use an expert in the field of the subject matter to resolve their dispute.
  • Avoids Hostility: Due to the informal nature of arbitration, its flexibility, and parties’ participation in the arbitration proceeding, parties tend to fully accept the outcome of the arbitration and it gives them a lasting peace. Arbitration is friendly. It leads to a win-win outcome rather than a win-lose outcome of Litigation.

Business Courts

The judiciary has established the Business Court to resolve contractual issues, considering the nature of disputes arising from contracts and the need to nurture the relationship between the disputing parties. A good lawyer must study the distinct features of a dispute, weigh the options, and choose the better procedure for resolving the dispute, even though the Business Court is friendlier to businesses than other courts.

How then do you know a good contract lawyer?

Qualities of a Good Civil Litigation Lawyer

  • Negotiation Skill
  • Excellent Communication and Advocacy Skills
  • Persuasiveness
  • Experience and Good Track Record of Success
  • Compassion
  • Integrity and Honesty
  • Critical and Logical
  • Vigor, Energetic and Perseverance
  • Problem-Solving

Barnwell Law Group provides the best legal representation in Marietta and Atlanta Georgia, as far as civil litigation is concerned. Our lawyers have a track record of success in handling contractual disputes that don’t sour the relationship between the parties. In the same vein, we don’t lose out to them. Most importantly, you should not wait until disputes arise before you shield your business from risk. Prevention is better than cure; says the old adage. Retain our services and let us avert future disputes with our drafting skills. Do not take that clause for granted; if you don’t understand it, don’t sign it yet.

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