Key principles of pre-litigation dispute resolution

Resolving any matter through the courts is a last resort for dealing with the situation at hand. In some cases, it is preferable not to take the matter to court and to resolve everything through amicable negotiations. There are several ways to do this: by submitting a claim or by using the services of a mediator. In both cases, prior consultation with qualified solicitors will be necessary.

Pre-litigation dispute resolution: a list of principles

Pre-litigation dispute resolution through the filing of a claim may be mandatory (provided for by a contract or agreement) or voluntary. Regardless of this, the outcome of the process should be the restoration of the legitimate interests of the party whose rights have been infringed, without recourse to the courts. Such dispute resolution involves an exchange of correspondence in which both parties set out their claims.

In Ukraine, there is another method of resolving conflicts without going to court – mediation. It involves resolving a contentious situation through independent analysis and the establishment of a communication process (using the services of a mediator). This allows for the selection of a solution that satisfies both parties without external intervention. The mediator’s role in organising the negotiation process is to facilitate the identification of the interests at stake.

Key aspects of pre-litigation dispute resolution:

• examining all the circumstances surrounding the dispute;
• developing a strategy for out-of-court dispute resolution;
• negotiating with the opposing party;
• preparing substantiated documentation: claims, warnings, statements, etc.;

If you are unsure how to draft a claim correctly or how to use the services of a mediator, please contact Svarog. Our experienced specialists will help resolve your issue as quickly as possible!