Pre-trial settlement of disputes
Pre—trial dispute settlement is the activity of the parties between whom a legal dispute has occurred, aimed at resolving the specified dispute without contacting the competent judicial authorities. The settlement of disputes in a pre-trial manner is one of the forms of legal protection of interests. These actions can be either mandatory by virtue of a law or a contract, or voluntary.
At Daxiko, these dispute resolution procedures are usually carried out through negotiations, correspondence, including sending claims and responding to claims. In some cases, they are a prerequisite for further recourse to the court for dispute resolution.
Pre-trial claim
A pre-trial claim is a written request addressed to the counterparty, which describes the problem, disagreement or violation and possible ways to resolve them. The document is drawn up in a free form. The claim can be accepted, reviewed and executed, or ignored by the second party. The latter indicates the need to go to court for further settlement of the dispute.
Depending on the counterparty with whom you have some disagreements, there are several options for pre-trial claims:
1. Written claim in contractual relations with contractors;
2. A claim drawn up as part of actions or omissions on the part of regulatory authorities.
Our company’s practicing lawyers make claims on behalf of the client, which contain the following information:
- Name of the organization;
- Organization’s address;
- Full name of the head;
- Data of the person who addresses the defendant (full name, address, phone number);
- Description of the essence of the disagreement;
- The claim that the applicant makes to the counterparty;
- Copies of documents confirming the validity of the words of the person who applied.
Advantages of dispute settlement without judicial intervention
One should not think that the resolution of disputed issues in a pre-trial manner is a necessary formality by virtue of law or contract, without which further recourse to the court is impossible. With a conscientious, reasonable approach to the pre-trial resolution of the legal dispute that has arisen, it is possible to achieve the necessary results without going to court.
It is possible to identify the main advantages for both sides, if a positive result is achieved during the pre-trial settlement of the dispute:
- Saving time. It is known that the trial can last for months, and sometimes years;
- No legal costs. Court costs may include: state duty, the cost of postal services, the cost of expertise, the cost of representative services, travel expenses and the like;
- Maintaining partnerships. Pre-trial settlement of the dispute can serve as a guarantee of maintaining business relations in the future. At the same time, it is worth considering that in the framework of negotiations in the settlement of a dispute, the parties have the right to conclude a settlement agreement or another agreement that will resolve the dispute by making compromise decisions;
- Ensuring the confidentiality of the procedure;
- The company has no negative judicial practice.
Pre-trial dispute settlement procedure at Daxiko Company
In the process of pre-trial settlement of disputes, work is carried out with both sides in order to achieve a certain consensus on the problem that has arisen. This includes steps such as:
Analysis of the causes of disagreement;
Assessment of the situation at the legal level;
Correspondence on behalf of the client;
Negotiations on behalf of the client;
Sending a claim to the counterparty;
Responses to claims;
Representation of the client in court, in case of non-fulfillment of the counterparty’s requirements;
Writing letters and preparing the necessary documentation.
Often, it is necessary to provide the counterparty with weighty arguments in order for him to make contact. The task of Daxiko specialists is to identify these reasons and inform the counterparty about them. As practice shows, the settlement of a dispute without the intervention of a court is possible in any situation. It is enough just to use a competent approach to solving the issue and contact only professional lawyers.