How should disputes over contract terms be ideally resolved?

Resolving disputes over contract terms through mediation or negotiation is considered an ideal approach because it allows both parties to reach a mutually acceptable agreement without the need for lengthy and costly litigation. Mediation involves a neutral third party who facilitates discussions and helps the parties to understand each other's positions, promoting collaboration and communication. This can lead to faster resolutions and can preserve relationships, which is especially important in industries like construction where ongoing partnerships are common.

Negotiation encourages parties to address their concerns directly and work towards a solution that suits both sides. This proactive approach can save time, reduce expenses associated with court proceedings, and often results in a more satisfactory outcome for all involved. Furthermore, mediation and negotiation provide an opportunity for creative solutions that may not be available through the court system, making it a more flexible and amicable way to resolve disputes.