Whether you’re a software developer or the client who’s paying for an app to be created, it’s important to put into place a dispute resolution plan that protects you if things go wrong.
Now if the issue is intellectual property (IP) infringment, you’ll want the right to head to court and get injunctive relief to minimize the damage caused by the infringement.
However most disputes between developer and client are about performance issues instead of IP infringement. For these issues, ideally, you’ll want to have an alternative dispute resolution (ADR) plan in place before work begins.
If you’re based in the United States, an ADR plan might include:
1. Informal resolution between the parties;
2. Mediation (online or in person); and
3. Binding arbitration using the American Arbitration Association or JAMS.
Of course, choice of law and the location ADR takes place are important factors too, particularly if the developer and client are based in different cities, states, or countries.
Naturally, dispute resolution and other important legal issues can be properly addressed by an experienced software lawyer who prepares your software development agreement.
