What are the ways to resolve contract disputes

Three ways:

(1) consultation

Consultation refers to the contract between the two sides in a voluntary, mutual understanding, seeking truth from facts on the basis of the disputes arising from the direct communication, friendly consultation, eliminating disputes, seeking common ground while reserving minor differences, the disputed issues to reach an agreement on the dispute, to resolve disputes by themselves. Consultation to resolve disputes can not only save time, save money, more importantly, can be in the process of consultation, improve mutual understanding, strengthen mutual trust between the two sides, is conducive to the successful resolution of disputes, and continue to implement the contract.

(2) arbitration

Arbitration refers to the arbitration institution arbitrators of the disputes between the parties, disputes mediation, and make a decision. Arbitration institutions to implement the "one ruling" system, the decision made by the state contract management organs to produce arbitration decision, with legal effect, the parties must implement. An application for arbitration must be premised on an arbitration agreement reached voluntarily by both parties. Arbitration agreement can be the conclusion of the insurance contract set out in the arbitration clause, can also be in the dispute before or when or after the occurrence of the arbitration agreement.

(3) litigation

refers to the dispute between the parties to the contract to the people's court, the people's court by the law program to resolve the dispute, the way to make a ruling. Insurance contract disputes are civil litigation law, the court in accepting the case, the implementation of the level of jurisdiction and territorial jurisdiction, exclusive jurisdiction and the choice of jurisdiction. Chinese people's **** and national civil procedure law "article 26 provides:" for insurance contract disputes brought by the defendant's domicile or the insurance subject matter of the people's court jurisdiction."

China's current insurance contract dispute litigation cases and other litigation cases like the implementation of the system of two trials, and the parties do not accept the judgment of the court of first instance, can be appealed to the higher people's court within the statutory appeal period to apply for retrial. The judgment of the second instance is final. Once a judgment of final instance is rendered, it is immediately legally effective and must be carried out by the parties; otherwise, the court has the right to enforce it. The parties to the second trial judgment is still not convinced, only through the complaint and protest program.

What are the ways to resolve administrative contract disputes

Hello, the parties can be resolved through the following ways: administrative contract disputes are generally resolved through administrative reconsideration or this is administrative litigation. Administrative reconsideration is to its competent department or a higher level *** application. Administrative litigation is a judicial remedy by suing the court for the judgment requested.

Administrative contract dispute resolution

Any kind of breach of contract may give rise to contract disputes. For contract disputes, the parties can be resolved through the following ways: settlement, mediation, arbitration, litigation.

1. Settlement. Settlement is by the disputing parties in accordance with the contractual obligations and the actual situation of the parties, their own negotiations without the need to resolve disputes through the judicial program. Settlement is a common way to resolve disputes. However, due to the lack of legally binding settlement agreement, some people may go back on their word, so that the settlement results become a dead letter, delaying the effective resolution of disputes.

2. Mediation. Mediation is a third party chosen by the disputing parties to trust the center, the contract dispute mediation. Mediation is usually based on the principle of mutual understanding and compromise between the parties. This method of dispute resolution than the possibility of settlement, but because the mediation agreement with the settlement agreement does not have the same mandatory effect, but also make the dispute resolution is not satisfactory.

3. Arbitration. Arbitration refers to the parties to the dispute according to the arbitration clause in the contract or dispute after the arbitration agreement, the dispute will be submitted to the statutory arbitration institution, the arbitration institution in accordance with the arbitration rules intermediary mediation, according to the law to make a decision on the way. If the parties are unwilling to settle, conciliate or fail to settle or conciliate, they may apply for arbitration to the arbitration institution according to the arbitration agreement. And may apply for enforcement under the effective arbitration agreement.

4. Litigation. Litigation is the final way to resolve contract disputes. Is the people's court according to the request of the disputing parties, the facts and law, according to the law to make a decision, through which the way to resolve the dispute. The parties did not enter into an arbitration agreement or arbitration agreement is invalid, you can sue the people's court.

Purchasing Management What are the ways to resolve contract disputes

According to Article 128 of the Contract Law: "The parties may resolve the contract dispute through conciliation or mediation. The parties do not want to conciliate or conciliation or conciliation failed, you can under the arbitration agreement to the arbitration institution in the arbitration. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institutions for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may sue to the people's court." According to this provision, can be summarized that the contract dispute can be resolved through the following ways:

(1) settlement. Settlement refers to the parties to a dispute over the contract can then negotiate, on the basis of respecting the interests of both parties, to reach agreement on the matters in dispute, so as to resolve the dispute. Settlement is a freely chosen way for the parties to resolve a dispute under the principle of voluntariness, and is not a mandatory program for contract dispute resolution. The parties can also choose other ways to resolve disputes directly without negotiation and settlement.

(2) conciliation. Apologize refers to the third person under the auspices of the contract dispute between the parties through the use of persuasion and education and other methods to resolve the dispute. Conciliation has two ways one is the people's conciliation commission conciliation parties to contract disputes, you can apply to the disputing parties to the location or the dispute occurred in the people's conciliation commission for conciliation. Second, administrative conciliation. Mainly refers to the industrial and commercial administrative organs to mediate the dispute between the parties to the contract. Apply for administrative conciliation of disputes must have the following conditions: the applicant must be directly interested in the case with the parties, a clear respondent, specific request for conciliation and the factual basis; in line with the administrative organs for industry and commerce to accept the scope of the case. However, has been to the people's court or has been to the arbitration institution to apply for adjudication. From and one party requesting conciliation the other party does not agree to conciliate, the application for conciliation is not admissible. Both parties to accept the mediation agreement, should produce a mediation agreement, the parties should be in accordance with the mediation agreement to fulfill their obligations. As the conciliation agreement does not have legal force, a party does not fulfill, the other party can not request the people's court to enforce, but can be used in other ways to resolve disputes.

(3) arbitration. Arbitration is a contract dispute between the parties, according to the dispute before or after the occurrence of the arbitration agreement, the dispute will be submitted to the arbitration authority for adjudication and dispute resolution. Arbitration has a "quasi-judicial" nature, the arbitration award made by the arbitral institution has the force of law, the parties shall fulfill.

(4) litigation. Litigation refers to the contract dispute, the parties if there is no arbitration agreement, any party can file a civil lawsuit to the people's court, the people's court to deal with the contract dispute according to law. This is the most common way to resolve contract disputes. Contract disputes by the people's court and make a judgment, the people's court to make a legally binding judgment, the conciliation must be performed, refused to perform, the other party can apply to the people's court for compulsory execution.

Purchasers and suppliers to resolve contract disputes what ways

Purchasers and suppliers of contract disputes between the settlement of cohabitation with the following:

First, the two sides reached a settlement agreement between the two parties to solve the problem;

Second, the two sides can look for intermediary mediation, and strive for a settlement;

Third, the two sides can go to commercial arbitration arbitration, the decision according to law;

Third, both sides can go to commercial arbitration arbitration.

Third, the parties can go to commercial arbitration to apply for arbitration, according to the law;

Fourth, the parties can also go to court to request the court to decide according to the law.

What are the ways to resolve real estate disputes

Real estate disputes are a common type of civil dispute, which refers to disputes over the rights and interests of houses and land. Once a real estate dispute occurs, citizens can choose the following three ways to resolve it:

(a) Mediation. That is, under the auspices of a third party, the parties to the dispute, after voluntary negotiation, to exclude disputes and reach a settlement. China's mass organizations at the grass-roots level in the villagers' committees and residents' committees have set up people's mediation committees, specializing in civil disputes mediation, including real estate disputes mediation.

(ii) Arbitration. Real estate disputes, citizens can refer to the arbitration organs to determine the facts, responsibility, and make rulings according to law. Arbitration is a quasi-judicial activity, its decision has the force of law, the parties must implement.

(C) litigation. That is, according to the law to the people's court litigation, in order to resolve real estate disputes.

What are the latest ways to resolve medical disputes

1, negotiation;

2, if the consultation fails, only litigation to resolve, specifically commissioned by lawyers.

The Chinese People's *** and the National Civil Procedure Law

Article 119 The following conditions must be met to sue:

(a) the plaintiff is a citizen, legal person and other organizations that have a direct interest in the case;

(b) there is a clear defendant;

(d) belongs to the People's Court, the Court of First Instance of the People's Republic of China, the Court of First Instance of the People's Republic of China and the People's Republic of China. p> (D) belongs to the scope of the people's courts to accept civil litigation and the jurisdiction of the people's court under appeal.

Article 120 A lawsuit shall be filed with the people's court, and copies shall be made according to the number of defendants.

If there are difficulties in writing the indictment, the indictment may be filed orally, and the people's court shall record the indictment and inform the other party.

Article 121 The statement of claim shall state the following matters:

(1) the name, sex, age, nationality, occupation, work unit, residence, contact information, the name, residence and legal representative or principal person in charge of legal persons or other organizations, name, position, contact information;

(2) the defendant's name, sex, work unit, Residence and other information of the defendant, the name and residence of the legal person or other organization;

(3) the claim and the facts and reasons based on;

(4) evidence and sources of evidence, the names and residences of witnesses.

What are the ways to resolve land contract disputes

The ways to resolve land contract disputes are 1. consultation between the two parties; 2. requesting the village committee, township-level people *** mediation to resolve; 3. applying for arbitration of rural land contracting arbitration institutions; 4. to the court.

On the construction dispute resolution

Hello, according to your question Shenyang lawyer - Liu Zhengwei answer as follows: engineering disputes in the legal settlement 1. Settlement Settlement is the parties to engineering disputes on the basis of voluntary mutual understanding of the disputes that have arisen in the negotiations, compromises and concessions and reached an agreement to resolve disputes on their own (without the third party to participate in persuasion). A way. It usually eliminates confrontation not only formally but also psychologically between the parties. Settlement can take place at any stage of a construction dispute, whether or not it has been subject to litigation or arbitration, as long as the final decision has not yet entered into force or the arbitral award has not yet been rendered. Settlement can also be combined with arbitration and litigation programs: if the parties have reached a settlement agreement, and have submitted to arbitration, they can request the arbitral tribunal to make an award or a conciliation statement according to the settlement agreement; if they have filed a lawsuit, they can request the court to make a conciliation statement on the basis of the settlement agreement, or the parties can reach a settlement agreement, which is recorded in the file by the court. Conciliation means that a third party other than the two parties shall, at the request of the parties to the dispute, conciliate the dispute on the basis of laws, regulations, policies or contracts. On the basis of laws, regulations and policies or contractual agreements and social morality, the two parties to the dispute are guided and persuaded to promote mutual understanding and consultation, and voluntarily reach an agreement to resolve the dispute. In our country, the main ways of mediation are people's mediation, administrative mediation, arbitration mediation, judicial mediation, industry mediation and professional organizations. 3. Arbitration Arbitration is a way of dispute settlement in which the parties voluntarily submit their disputes to a third party (arbitration institution) for an award based on an agreement reached before or after the dispute, and all parties to the dispute are obliged to implement the award. According to the provisions of the Arbitration Law, the scope of adjustment of the law is limited to civil and commercial arbitration, that is, "contract disputes and other disputes over property rights between equal citizens, legal persons and other organizations"; labor dispute arbitration is not subject to the adjustment of the Arbitration Law, and administrative disputes that should be dealt with by the administrative organs in accordance with the law can not be arbitrated.

What are the ways to deal with contract disputes, how to carry out the dispute

(1) settlement. Settlement refers to the occurrence of disputes, the parties to the contract on the basis of respect for the facts, on the matters in dispute for negotiation, consultation, the original contract to change, supplement, or the rights and obligations of the parties to make clear, etc., to resolve the dispute matters in a peaceful manner. Settlement of the agreement or agreement reached by the two parties to consciously fulfill.

(2) mediation. Mediation here mainly refers to civil mediation, that is, outside the contract under the auspices of a third party, the parties to the contract for dialogue, consultation, mediator good offices, persuasion, and ultimately reached agreement, the mediator to produce a mediation agreement, signed by the parties to the contract came into effect. Arbitration or litigation program in the mediation, and the mediation described here, the program and function is similar, but are included in the arbitration or litigation program, can not be used alone.

(3) Arbitration. Arbitration refers to one or both parties to the dispute according to the arbitration agreement, the dispute to the agreed arbitration institution, the arbitration institution in accordance with the law and the arbitration rules for review, ascertain the facts, and make a decision on the matter of the dispute. After the arbitral award is made, it is final and the parties to the dispute can neither apply for arbitration nor sue in court again. If one party fails to fulfill the award, the other party may apply to the People's Court for enforcement. It should be clear that the start of arbitration requires that the parties to the dispute have reached an arbitration agreement, the dispute should be submitted to arbitration and arbitration institutions to have a clear agreement.

(4) litigation. There is no arbitration agreement or arbitration agreement is invalid, as well as the failure of settlement or mediation, any party may file a lawsuit to the court of competent jurisdiction. The court, after hearing, makes a decision on the matter of dispute in the form of judgment or ruling.