Even highly contentious disputes between people over money can be resolved at the negotiating table without going to court. This is known as pre-litigation settlement. However, in such disputes, it is important to seek the assistance of a civil lawyer. They will advise you on how to draft a claim correctly and conduct decisive negotiations.
Why is pre-litigation settlement of civil disputes necessary?
The ability to reach a mutual understanding between the parties to the conflict is what constitutes pre-litigation settlement of a dispute.
This practice allows you to:
- save money;
- spend less time resolving disputes;
- develop a culture of legal relations;
- reach mutually beneficial compromises.
How does pre-litigation settlement work?
Pre-litigation settlement of a dispute is not a mandatory stage in the protection of rights, unless otherwise specified in the terms of the contract. The procedure is used at the request of one or both parties.
Settlement takes place by filing a claim or a demand to cease the infringement. It must contain:
- clear facts forming the basis of the claim;
- evidence to support the facts;
- a list of relevant legislation;
- a list of the claimant’s demands;
- the names of the claimant and the recipient of the claim;
- a financial calculation of the claim (if necessary);
- documents attached to the claim.
Once the claim has been received, it must be analysed. There are then two possible options:
- the other party agrees to the demands – the agreement can be signed;
- refusal to comply with the conditions set out in the claim – the case is referred to court.
Key documents
To resolve the dispute without going to court, the following documents are required:
- a claim setting out the demands and the offence committed;
- documents confirming the binding nature of the specified obligations;
- documents containing a full list of the breaches committed (failure to fulfil obligations);
- a calculation of the amount of the debt or other performance of obligations;
- proof that the opposing party has received the letter of claim.
Court mediation: amicable dispute resolution
The practice of court mediation is becoming increasingly widespread in Ukraine. This is a process in which the parties attempt to reach a compromise with the assistance of a judge. The judge acts as a mediator and proposes various compromise solutions. The advantages of resolving a conflict in this way are as follows:
- the ability to reach an independent decision without a court verdict;
- lower cost of the service;
- a high level of confidentiality.
Civil lawyer from the Svarog law firm
Any disputes can be resolved through pre-litigation settlement of conflicts of interest. Our firm provides this service and offers personalised solutions to problems.
With us, you will achieve a successful outcome in your case. You will receive:
- full support in pre-trial settlement;
- representation in court (if necessary);
- a personalised approach to your case;
- assistance in preparing the necessary documents;
- bringing your case to a logical conclusion.
Choose our firm for legal advice on civil matters and receive a swift and secure resolution to your disputes.
Frequently Asked Questions and Answers
How can a civil dispute be settled without going to court?
Each party to the dispute may attempt to use pre-litigation settlement without court intervention.
What is pre-litigation settlement of civil disputes?
It is a process of negotiation to find a compromise between the parties to the dispute. Its advantages:
- speed;
- low cost;
- non-standard solutions.
How do you prepare a claim in a civil dispute?
To prepare the document, you must gather evidence of the infringement of your rights and specify the method of redress. The claim should be sent to the infringer at their postal address.
Is it possible to reach a settlement before going to court?
Yes, with the consent of the parties, a settlement agreement may be concluded before the court.
When does pre-trial settlement not work?
This occurs when the opposing party completely ignores the letters sent to them and refuses to admit fault.
How much does pre-trial settlement of a civil dispute cost?
The final cost is based on:
- the complexity of preparing the claim;
- the volume of documentation to be processed;
- whether the opposing party is willing to engage in dialogue.