专业团队

可以说我们的生活、工作当中很多地方都会使用到合同，而现实中围绕合同而产生的纠纷也是比较的。对于当事人来讲，此时该如何来处理这些合同纠纷呢?

(一)协商 当事人自行协商解决合同纠纷，是指合同纠纷的当事人，在自愿互谅的基础上，按照国家有关法律、政策和合同的约定，通过摆事实、讲道理， 以达成和解协议，自行解决合同纠纷的一种方式。合同签订之后.在履行过程中，由于各种因素的影响容易产生纠纷，有了纠纷怎么办?应当从有利于维护团结、有利于合同履行的角度出发，怀着互让、互谅的态度，争取在较短的时间内，通过协商求得纠纷的解决。对于合同纠纷，尽管可以 用仲裁、诉讼等方法解决。但由于这样解决不仅费时、费力、费钱财，而且也不利于团结，不利于以后的合作与往来。用协商的方式解决，程序简便.及时迅速，有 利于减轻仲裁和审判机关的压力，节省仲裁、诉讼费用，有效地防止经济损失的进 一步扩大.同时也有利于增强纠纷当事人之间的友谊，有利于贡固和加强双方的协作关系，扩大往来，推动经济的发展。由于这种处理方法好，在涉外经济合同纠纷 的处理中，也相当盛行。合同双方当事人之间自行协商解决纠纷.应当遵守以下原则：一是平等自愿原则.不允许任何一方以行政命令手段，强迫对方进行协商，更 不能以断绝供应、终止协作等手段相威胁，迫使对方达成只有对方尽义务，没有自己负责任的“霸王协议”.二是合法原则。即双方达成的和解协议，其内容要符合法律和政策规定

(二)调解 合同纠纷的调解，是指双方当事人自愿在第三者(即调解的人)的主持下，在查明事实、分清是非的基础上，由第三者对纠纷双方当事人进行说明劝导，促使他们互谅互让，达成和解协议，从而解决纠纷的活动。调解有以下三个特征：

第一，调解是在第三方的主持下进行的，这与双方自行和解有着明显的不同;

第二，主持调解的第三方在调解中只是说服劝导双方当事人互相谅解.达成调解协议而不是作出裁决，这表明调解和仲裁不同;

第三，调解是依据事实和法律、政策，进行合法调解，而不是不分是非，不顾法律与政策在“和稀泥”。

(三)仲裁 仲裁也称公断。合同仲裁，即由第三者依据双方当事人在合同中订立的仲裁条款或自愿达成的仲裁协议，按照法律规定对合同争议事项进行居中裁断.以解决合 同纠纷的一种方式。仲裁是现代世界各国普遍设立的解决争议的一种法律制度、合司争议的仲裁是各国商贸活动中通行的惯例。

根据我国

(四)诉讼 合同在履行过程中发生纠纷后.解决争议的方式有4种：即当事人自行协商解决，调解仲裁和诉讼。其中，仲裁方法由于比较灵活、简便，解决纠纷比较快，费用又比较低，所以很受当事人欢迎。但是，如果当事人一方不愿仲裁,则不能采用仲裁的方式、而只能采用诉讼的方式来解决双方当事人之间的争议。所以，诉讼是 解决合同纠纷的最终形式。

所谓合同纠纷诉讼是指人民法院根据合同当事人的请求，在所有诉讼参与人的参加下，审理和解决合同争议的活动，以及由此而产生的一系列法律关系的总和。

它是民事诉讼的重要组成部分，是解决合同纠纷的一种重要方式。与其他解决合同 纠纷的方式相比,诉讼是最有效的一种方式，之所以如此.首先是因为诉讼由国家审判机关依法进行审理裁判，最具有权威化性;其次、裁判发生法律效力后，以国家强制力保证裁判的执行。

It can be said that contracts are used in many aspects of our lives and work, and disputes arising from contracts in reality are also quite common. How should the parties handle these contract disputes at this time?

（1） The self negotiation and resolution of contract disputes by the parties refers to a method in which the parties to a contract dispute, on the basis of voluntary mutual understanding, reach a settlement agreement by presenting facts and reasoning in accordance with relevant national laws, policies, and contract provisions, and resolve the contract dispute on their own. After the contract is signed, disputes may arise during the performance process due to various factors. What should we do if there are disputes? We should start from the perspective of maintaining unity and facilitating contract performance, with an attitude of mutual concession and understanding, and strive to resolve disputes through negotiation in a relatively short period of time. For contract disputes, arbitration, litigation, and other methods can be used to resolve them. However, this solution is not only time-consuming, labor-intensive, and costly, but also detrimental to unity and future cooperation and exchanges. Resolving disputes through negotiation is simple, timely, and prompt, which helps to reduce the pressure on arbitration and judicial organs, save arbitration and litigation costs, and effectively prevent further economic losses. At the same time, it is also conducive to enhancing the friendship between the parties to the dispute, consolidating and strengthening the cooperative relationship between the two parties, expanding exchanges, and promoting economic development. Due to its good handling method, it is also quite popular in the handling of disputes related to foreign economic contracts. The parties to the contract shall negotiate and resolve disputes on their own. The following principles shall be followed: first, the principle of equality and voluntariness. Neither party shall force the other party to negotiate through administrative orders, nor shall they threaten the other party by cutting off supply, terminating cooperation, or other means to force the other party to reach a "hegemonic agreement" where only the other party fulfills its obligations and no one is responsible. Second, the principle of legality. The settlement agreement reached by both parties must comply with legal and policy provisions

（2） Mediation of contract disputes refers to the voluntary activities of both parties, under the supervision of a third party (i.e. the mediator), to clarify the facts and distinguish right from wrong, and to have the third party explain and persuade the parties to the dispute, promote mutual understanding and compromise, reach a settlement agreement, and thus resolve the dispute. Mediation has the following three characteristics:

Firstly, mediation is conducted under the auspices of a third party, which is significantly different from self reconciliation by both parties;

Secondly, the third party presiding over mediation only persuades and persuades both parties to understand each other during mediation. They reach a mediation agreement rather than making an award, which indicates that mediation and arbitration are different;

Thirdly, mediation is a legal mediation based on facts, laws, and policies, rather than indiscriminately distinguishing right from wrong, disregarding laws and policies in a "muddle".

（3） Arbitration, also known as arbitration. Contract arbitration refers to a method of resolving contract disputes by a third party based on the arbitration clause or voluntary arbitration agreement reached by both parties in the contract, in accordance with legal provisions. Arbitration is a legal system widely established in modern countries to resolve disputes, and joint arbitration of disputes is a common practice in commercial activities of various countries.

According to our country

（4） There are four ways to resolve disputes that arise during the performance of a litigation contract: parties can negotiate and resolve the dispute themselves, mediate and arbitrate, and file a lawsuit. Among them, arbitration methods are popular among parties due to their flexibility, simplicity, quick resolution of disputes, and relatively low costs. However, if one party is unwilling to arbitrate, arbitration cannot be used, and only litigation can be used to resolve disputes between the two parties. So, litigation is the ultimate form of resolving contract disputes.

The so-called contract dispute litigation refers to the activities of the people's court to hear and resolve contract disputes at the request of the contracting parties, with the participation of all litigation participants, as well as the sum of a series of legal relationships arising from this.

It is an important component of civil litigation and an important way to resolve contract disputes. Compared with other methods of resolving contract disputes, litigation is the most effective way. The reason for this is firstly because litigation is conducted by national judicial organs in accordance with the law, which is the most authoritative; Secondly, after the judgment becomes legally effective, the enforcement of the judgment is guaranteed by the state's coercive power.