Our Breach of Contract Services
About our Breach of Contract Services
We are pleased to provide our breach of contract mediation services for domestic Florida and California and international cases.Take the situation in your hands, mediate and we will put our full efforts, time and energy to resolve the situation. We will make sure all issues, interests and damages are discussed, evaluated and understood in a short time-frame and in a confidential setting (information obtained during the mediation shall remain confidential – not usable in court – except where disclosure is required or permitted by law or is agreed to by all parties).
A breach of contract
A breach of contract requires an efficient, thorough and prompt response in order to limit damages and promote the well-being of the parties. In a breach of contract case, the parties will first have to establish that there was a contract, that the contract was breached and that the breach caused the damages. Then the parties will also have to establish that the damages were foreseeable.
The first considerations
The first consideration in analyzing whether the contract is valid and enforceable will be whether the contract was for a service or the sale of a good or, in some cases, a mix of both. Once this is established, then the parties know which law to apply (the UCC for goods and Common Law for services) and can analyze the rights and obligations, as well as the validity of the contract under the specific law. This procedure applies not only in court, but also in a mediation where the parties involved understand the concepts applicable and/or are represented by an attorney. However, mediation allows additional considerations that might not be considered in a court setting. Thus, this form of dispute resolution is clearly adequate for parties who wish to resolve the matter promptly, have additional considerations (such as emotional ties, side obligations, indebtedness limitations, etc.), consequential damages that were not foreseeable by one party at the time of formation of the contract or simply the desire to solve the issue through mutual agreement.
The mediation process
The process is not left in the hand of a judge or a neutral third person, but in the hands of the parties themselves, whereby the mediator serves to facilitate discussions and presentation of the issues key to the interests of each party in order to achieve a mutually acceptable resolution. As such, mediation allows the parties, and not a judge or an arbitrator, to decide the appropriate outcome.