Pre-litigation dispute resolution is the resolution of a dispute without going to court: through negotiations, a written claim, mediation or a settlement facilitated by a judge. Article 16 of the Code of Civil Procedure expressly provides that the parties shall take steps to settle the dispute out of court by mutual agreement or where such steps are mandatory under the law. Furthermore, Article 175 of the Code of Civil Procedure requires the statement of claim to specify which pre-litigation settlement measures have been taken. In other words, even if you are prepared to go to court, the court views an attempt to reach an agreement favourably.
For most civil disputes, the pre-litigation procedure is not mandatory — the law frames it as a right rather than an obligation. However, this does not mean it should be disregarded: a well-drafted claim often resolves a dispute within a few weeks, whereas a court case might take a year. It demonstrates the seriousness of your intentions to the opposing party, sets out your position and evidence, suspends the running of certain time limits, and often provides the final impetus for voluntary compliance. Furthermore, with the adoption in 2021 of Law No. 1875-IX ‘On Mediation’, a regulated out-of-court mechanism involving a neutral mediator has also been introduced.
We assess whether it is realistic to resolve your dispute out of court, select the appropriate tool — ranging from a claim to mediation — and conduct negotiations in such a way as to preserve your right to legal recourse should an agreement prove impossible.
+38 095 554-54-24 — advice on pre-litigation dispute resolution.
Methods of pre-litigation settlement of civil disputes
Depending on the nature of the dispute, various tools are used:
- Negotiations — the quickest route; a lawyer conducts them on your behalf to ensure emotions do not interfere with the outcome.
- Claim (written demand) — an official document setting out the claims, grounds and deadline for compliance; often, the claim itself is sufficient.
- Mediation — structured negotiations involving an independent mediator in accordance with Law No. 1875-IX; suitable when the parties wish to maintain their relationship.
- Settlement of a dispute with the participation of a judge (Articles 201–205 of the Code of Civil Procedure) — a conciliation procedure following the commencement of proceedings, taking the form of joint and closed-door meetings.
When pre-litigation settlement is most effective
Claims and negotiations are particularly effective in disputes concerning debt recovery, contractual enforcement, compensation for damages, and disputes between co-owners, neighbours and heirs. In these situations, the opposing party is often not averse to reaching an agreement but is waiting for the first official move. Mediation works best where the parties still need to live or work together — in family, inheritance and neighbourhood disputes. However, when the other party is deliberately evading the issue, has gone missing or is openly acting in bad faith, it is not worth delaying with pre-litigation procedures — in such cases, they merely give the opposing party time to remove their assets, and it is wiser to proceed directly to court. If the dispute is commercial (between business entities), different rules apply — we discuss these on the page on pre-litigation settlement of commercial disputes.
When you need a solicitor, and when you don’t
If the amount in dispute is small, your relationship with the other party is good and you are able to reach an amicable agreement yourselves — you may not need a lawyer, and we’ll be honest about that. But when a significant sum is at stake, the other party has their own lawyer, and it’s important to properly document the evidence or the wording of the claim will determine the future lawsuit — hiring a lawyer pays off. The fact is that the pre-litigation stage is not separate from the court proceedings: everything you write and sign now will later work for or against you in court. That is why we draft the claim with a view to potential litigation.
How we work
- we analyse the substance of the dispute, the documents and the evidence, and assess the prospects in court;
- we choose the appropriate approach — negotiations, a claim, mediation or a settlement facilitated by a judge;
- we draft the claim or proposal so that it serves both as leverage and as evidence;
- we conduct negotiations on your behalf and set out the agreements in writing (settlement agreement, contract);
- if an agreement cannot be reached — we move straight on to legal representation;
- we monitor the actual fulfilment of the agreements reached.
What are the risks for someone settling a dispute independently
The first risk is sending a claim that has no legal consequences, as it is drafted without specific demands or deadlines, and merely alerts the opposing party, allowing them to prepare. The second is to reach a verbal agreement without putting it in writing, after which the arrangement is ‘forgotten’. The third is to acknowledge facts in correspondence that will later be used against you in court. The fourth is to spend months negotiating with someone who never intended to pay, thereby giving them time to transfer their assets. The pre-litigation stage saves time and money only when it is managed competently.
Cost of services (pre-litigation dispute resolution)
| Service | Price |
|---|---|
| Consultation to assess the prospects of the dispute | from 1,500 UAH |
| Legal opinion on the situation | from 5,000 UAH |
| Drafting a claim / written demand | from 5,000 UAH |
| Conducting negotiations, supporting mediation | from 5,000 UAH |
| Drafting a settlement agreement / contract | from 5,000 UAH |
| Comprehensive ‘turnkey’ support for civil cases | from 25,000 UAH |
Pre-litigation settlement is almost always cheaper than a full-scale trial, and if the case does go to court, all the preparatory work will already have been done. Our practice of civil lawyers provides general representation in civil cases.
Questions and answers (pre-litigation dispute resolution)
Is it mandatory to send a claim letter before bringing a lawsuit?
In most civil disputes — no, it is a right, not an obligation. However, in cases expressly provided for by law or contract, the pre-litigation procedure is mandatory, and failure to comply with it may constitute grounds for dismissing the claim. Therefore, we assess each situation on a case-by-case basis.
How does a claim differ from a simple letter?
A claim sets out specific demands, their legal and factual grounds, a calculation of the amount due and a deadline for fulfilment. It is a document with legal consequences, not a mere request — and the opposing party perceives it differently.
What is mediation and how is it better than going to court?
It is a structured negotiation process involving an independent mediator (Law No. 1875-IX). It is faster, cheaper, confidential and allows relationships to be preserved – unlike adversarial court proceedings.
What is dispute resolution involving a judge?
This is a conciliation procedure that takes place after a case has been opened (Articles 201–205 of the Code of Civil Procedure): the judge, in closed and joint sessions, helps the parties to reach an agreement. If successful, the case is settled by a settlement agreement.
Can a dispute be settled once the case is already in court?
Yes. A settlement agreement can be reached at any stage of the proceedings, right up to the enforcement of the judgment. This is often more advantageous than seeing the case through to the end.
The opposing party is ignoring the claim. What next?
This is a common scenario: the claim establishes your good faith, and we then proceed to court. The time spent on the claim is not wasted — it becomes evidence in the case.
Does a claim suspend the running of limitation periods?
It depends on the type of claim. In some cases, pre-litigation proceedings affect the running of time limits; we take this into account so that you do not lose your right to bring a claim.
How long does pre-litigation settlement take?
From a few days (negotiations) to several weeks (claim, mediation). This is almost always quicker than court proceedings.
Is it possible to go straight to court, bypassing the claim process?
If the pre-litigation procedure is not mandatory — yes. However, attempting to settle the dispute often proves to be quicker and cheaper, so we assess this option first.
How much do your services cost?
From 1,500 UAH per consultation. The cost depends on the chosen method and the complexity of the dispute — we’ll provide a quote after assessing the situation.
Contacting a lawyer at Svarog for pre-litigation dispute resolution
Describe the nature of the dispute and send us the documents — we will assess whether it is realistic to resolve the dispute without going to court, and if so, we will take charge of the negotiations. If an agreement cannot be reached, you will lose nothing: all the preparatory work will already be in place for any future legal action. General civil cases are handled by our civil lawyer.
Telephone: +38 095 554-54-24, +38 096 554-54-25 (Telegram, Viber, WhatsApp). Address: 7 Khoriva Street, Office 2, Kyiv (Podil). Opening hours: Mon–Fri, 9.00–18.00.