• Skip to main content
  • Skip to after header navigation
  • Skip to site footer

The Steve Laube Agency

Helping to Change the World…Word by Word

The Steve Laube Agency

The Steve Laube Agency

Helping to Change the World Word by Word

  • Home
  • About
    • Who We Are
    • Frequently Asked Questions
    • Interview with Steve Laube
    • Statement of Faith
    • Terms and Conditions
    • Privacy Policy
  • Guidelines
  • Authors
    • Who We Represent
    • Awards and Recognition
  • Resources
    • Recommended Reading
    • Christian Writers Market Guide Online
    • Christian Writers Institute
    • Writers Conferences
    • Freelance Editorial Services
    • Copyright Resources
    • Research Tools
    • Selling What You Write
  • Blog
  • Contact
  • Twitter
  • FaceBook
  • RSS Feed
  • Get Published
  • Book Proposals
  • Book Business
  • Writing Craft
    • Conferences
    • Copyright
    • Craft
    • Creativity
    • Grammar
  • Fun Fridays
Home » Disputes

Disputes

D Is for Dispute Resolution

By Steve Laubeon February 21, 2022
Share
Tweet
8

Pray that it never happens to you. But if there is a situation where you find yourself in a legal battle with your publisher regarding your book contract, there are terms that will dictate how that disagreement is handled.

Here is one version from an old contract:

Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the rules of a mutually agreed upon alternative dispute resolution service. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.

Regardless of the place of its physical execution, this contract shall be interpreted under the laws of the State of XXXXXXXXXX and of the United States of America.

If you read this carefully, you’ll see it lays out the rules that keep a dispute out of the court system and forces the two parties to use binding arbitration instead.

Also note the second paragraph that dictates which state laws apply. We once had a publisher contract that had the laws of another country as the basis for the law. (It was a mistake by the publisher, a leftover from a previous contract they had reused.) The location for the state law is usually the location of the company that issues the contract, and is often nonnegotiable. Some contracts also dictate where arbitration will occur.

I’ve read stories of authors who got into a dispute and yet they had signed a contract that prevented them from pursuing legal options. Note that arbitration isn’t a bad thing, so don’t misunderstand this example as being something terrible.

If your contract does not have a dispute resolution clause, I’d recommend you have one inserted–just in case. A contract is there to determine the responsibility of each party; otherwise it is a form of a handshake, which can cause problems. (See this story of a handshake gone bad.)

Leave a Comment
Category: Book Business, Contracts, Publishing A-ZTag: Book Business, Contracts, Disputes

Sidebar

Get Blog Updates

Enter your email address to get new blog updates delivered via email. You can unsubscribe at any time.

You have Successfully Subscribed!

Grow as a Writer


Find Out More →

Popular Posts

Top Posts on Book Proposals
  • Hints for a Great Cover Letter
  • The Keys to a Great Book Proposal
  • What Steve Laube is Looking For
  • Book Proposals I’d Love to See – Tamela Hancock Murray
  • What I’m Looking for – Bob Hostetler
  • What I’m Looking for – Dan Balow
  • What I’m Looking for – Lynette Eason
  • What’s the Best Way to Submit My Self-Published Book?
  • What Is the Agent Doing While I Wait?
  • God Gave Me This Blog Post
Top Posts on The Business Side
  • When Your Book Becomes Personal
  • The Myth of the Unearned Advance
  • How Long Does it Take to Get Published?
  • What Are Average Book Sales?
  • Can You Plagiarize Yourself?
  • Never Burn a Bridge
  • Who Decides to Publish Your Book?
  • That Conference Appointment
  • Goodbye to Traditional Publishing?
  • Who Owns Whom in Publishing?
  • Ten Commandments for Working with Your Agent
  • Writers Beware! Protect Yourself
Top Series
  • Book Proposal Basics
  • Publishing A-Z
  • A Defense of Traditional Publishing
Top Posts on Rejection
  • The Slush Pile: Enter at Your Own Risk
  • Even the Best Get Rejected
  • Five Reasons Why You May Never Get Published
  • The Unhelpful Rejection Letter
  • Writers Learn to Wait

Blog Post Archives by Month

  • Home
  • About
    • Who We Are
    • Frequently Asked Questions
    • Interview with Steve Laube
    • Statement of Faith
    • Terms and Conditions
    • Privacy Policy
  • Guidelines
  • Authors
    • Who We Represent
    • Awards and Recognition
  • Resources
    • Recommended Reading
    • Christian Writers Market Guide Online
    • Christian Writers Institute
    • Writers Conferences
    • Freelance Editorial Services
    • Copyright Resources
    • Research Tools
    • Selling What You Write
  • Blog
  • Contact

Copyright © 2025 · The Steve Laube Agency · All Rights Reserved · Website by Stormhill Media