In today's world, as always, there are situations when a case is considered in court. Is it possible to solve such situations by other methods? Of course you can.
When is it possible to resolve a dispute?
Pre-trial settlement of disputes can be present in any situation when one of the parties wants to finish the case peacefully, by providing clear and reasoned justifications for the bad consequences of the trial. At the same time, a lot of undeniable advantages are taken into account, by which the dispute is settled.
What is it characterized by?
The resolution of disputes voluntarily or necessarily before the case is referred to court has the following characteristic features:
- small material costs, since it does not require payment of state fees and fees to lawyers / lawyers for their assistance in court;
- a high probability of maintaining friendships and partnerships;
- operational pre-trial settlement of disputes;
- lack of publicity, since there is no need to participate in high-profile proceedings;
- lack of already established procedural rules in most cases.
What causes unwillingness to reconcile the parties?
The advantages are clearly visible, but the lack of willingness for the counterparties or an official of the state body to make concessions can be caused by a variety of reasons. Judicial protection of rights is only a small part of the disputes that arise among entrepreneurs, since most conflicts are subject to settlement before the court. For example, the resolution of tax disputes. The conflict that has arisen between business partners can be resolved in the early stages by making claims to each other.
What is the task of those trying to resolve the conflict?
The main task is to convey to the opponent information about the consequences of his behavior, which is contrary to the law, the conviction that the trial does not make sense and that such an approach does not have adverse consequences. Pre-trial settlement of disputes assumes that, having presented the prospect of recovering forfeit, losses, lost profits, legal expenses, the conflicting party, as a rule, reviews the situation. Thus, she concludes that it is better to fulfill her obligations and undergo pre-trial settlement of disputes.
What is the procedure for carrying out the procedure?
- study of the materials and circumstances of the dispute;
- analysis of the situation on the basis of the documentation provided;
- assessment of the dispute in terms of law;
- development of a pre-trial settlement strategy;
- the implementation of the preparation of objections;
- conduct of negotiations;
- providing the necessary legal support in the process of implementing the agreement.
If it did not work out to resolve the conflict peacefully?
In the event that it is still not possible to resolve the dispute without trial through negotiations, the organization can provide you with reliable protection of interests in a court of any jurisdiction, including the highest instance.