Consulting on resolving contract disputes, representing participating in negotiations to resolve disputes

1. Contract disputes and dispute resolution

Contract dispute is a conflict or disagreement between participating parties. The content of the dispute is the exercise of the rights and obligations agreed upon by both parties in the contract. During the contract implementation process, disputes are likely to arise. Mainly due to property factors related to mutual benefits. Origin arises from improper performance of obligations or even failure to perform according to the contract.

Handling contract disputes needs to be resolved in an appropriate form. The purpose is to protect and balance the legitimate interests of both parties in the contract. Of course in the spirit of voluntariness and equality. Choosing a dispute resolution method brings advantages to both parties. Priority is given to applying according to the agreement signed in the contract.

2. Forms of contract dispute resolution

Contract dispute resolution has now become quite a popular service. Because in reality, there are currently 4 ways to resolve contract disputes.

2.1. Negotiate

When consulting on resolving contract disputes, negotiation is always the preferred method of handling. Because a contract is an agreement between parties. Therefore, actively negotiating to find a common solution is the best way. This method does not affect the relationship and saves costs and time.

Both parties proactively meet and discuss to find a solution to protect the interests of both parties. If possible, seek professional advice from a lawyer. This way, both parties will clearly understand their rights and responsibilities. From there, find a solution that harmonizes the rights and obligations of both parties.

2.2. Reconcile

The parties seek the intervention of a third party (mediator or mediation center). They will assist in persuading and discussing to agree on a solution to resolve disagreements between the two parties. Finally, through mediation, both parties voluntarily implement the agreed plan.

• Self-conciliation: The two disputing parties discuss among themselves to agree on a solution. This method does not require the help of a mediator, quite similar to negotiation.
• Mediation through mediation: A third person will assist both parties to find the optimal solution. They can be individuals, organizations, courts chosen by mutual agreement or prescribed by law.
• Mediation outside of legal proceedings: Mediation is conducted by both parties before bringing a lawsuit to court or arbitration.
• Mediation in legal proceedings: Mediation is conducted in Court or arbitration when agencies are handling disputes according to lawsuits. The court and arbitrator make a decision to recognize the agreement between the two parties. This decision is enforceable for the participating parties.

2.3. Commercial Arbitration

This method of handling contract disputes only applies in the field of commercial business. The parties to the dispute agree to submit the matter to Arbitration for resolution. The right to appoint an arbitrator is also chosen by both parties. The arbitration decision is a final decision that is enforceable.

This form of handling resolves conflicts quickly and limits the disclosure of business secrets. On the contrary, the cost is high and enforcement from arbitration is not high. The principle of arbitration is to judge once. The parties cannot appeal before the Court or any other organization. But you have the right to request the Court to cancel the decision in some cases.

2.4. Court

If both parties cannot reach an agreement, they have the right to apply to Court for resolution. The People's Court has jurisdiction to resolve almost all disputes. The suing party must present evidence and present legal grounds to prove the request for settlement. The Court's decisions are guaranteed to be enforced by state coercive power. But this method takes a lot of time and effort.

4. Vinh Ha Company provides consulting services for resolving contract disputes

Vinh Ha Company Providing professional contract dispute resolution consulting services. A team of highly qualified and experienced lawyers and consultants. Therefore, advise on all legal issues regarding handling contract disputes. At the same time, send representatives to participate in negotiations to resolve disputes.

All information, communications, documents, and agreements between the parties are absolutely confidential by the company. Consulting services and contract dispute resolution of the company:

• Consulting on the rights and obligations of both parties in the contract.
• Consulting and determining the legal basis and basis for dispute resolution.
• Consulting, contacting and negotiating with disputing parties for resolution.
• Organize mediation and negotiation for parties in contract disputes.
• Guide customers to collect information documents and evidence.
• Representative lawyers meet and discuss with Arbitration agencies, Courts, and judgment enforcement agencies. Thereby protecting the rights and interests of customers.

Contract disputes are unavoidable during contract enforcement. Therefore, there is a need for a professional contract dispute resolution consulting unit like Vinh Ha. The company ensures to help customers gain maximum benefits and limit risks. At the same time, find a solution to resolve disputes that reduces damage and saves time and costs.