QUESTION
What do I need to do to dispute the terms of a business contract?
Asked on Feb 20th, 2013 on Business Litigation - Georgia
More details to this question:
I entered into a business contract in May of 2011 with an aquaintence in another state who breeds dogs. We both invested $1100.00 to purchase 3 pure bred puppies, 2 were to be resold at a profit and one was to be kept for future breeding with partners dog. Only one puppy was resold in July 2011, partner has still not paid the monies owed for that sale. Partner bred the puppy that couldn't be sold as the original puppy she wanted to breed out of the 3 has not been cleared by a vet to breed. She has sold 8 out of 12 puppies from this current litter and is disputing the terms of the contract of the splitting of the profit, as well as not providing me with other terms in the contract. Since she lives in Colorado and I in Georgia how do I get this resolved or bring to mediation or trial?
1 ANSWER
Mediation, although often preferable to litigation (a) is not binding; and (b) can only be done if both sides consent. Given that you both live in different states, it is unlikely that the other side will agree to a mediaiton in your state. If you attempt to start a mediaton, however, he may choose a preemptive strike by suing you in his state. Also, if you use a professional mediation service, it can be expensive. Although mediation is not as expensive as litigation, the money is largely spent up front, whereas litigation expenses are more backloaded, - the biggest litigationexpense is trial (although you may have to pay a substantial retainer if you use a lawyer), and perhaps 80% or more of civil litigations settle before trial. Moreover, filing a lawsuit does not in any way bar the parties from also attempting to mediate their dispute, perhaps through the Court which may have a free or inexpensive mediation program. Given these facts, it may be that your best option is to file a lawsuit.
Answered on Feb 21st, 2013 at 11:16 AM