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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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In many contract disputes companies may want to seek amicable

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In many contract disputes companies may want to seek amicable resolutions. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?
Thank you for your question.

Such an amicable resolution is fairly ideal for a multitude of reasons, but more primary is the fact that most companies are not in the business of litigation; most companies divert serious resources from their initial goal of making a profit into their legal litigation. This, however, is not true in all contract disputes--there are certain conditions where compromise or modifications simply do not cut it. In a situation where a breach occurred, for example, there may be a situation where litigation is the only solution. A contract violation of intellectual rights (such as copyright infringement) may only be served by litigation as true damage to the trademark or intellectual property of the victim is not known. Similarly, when both parties refuse to see eye to eye then litigation also ends up being the sole solution.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 8/2/2010 at 12:49 AM EST
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