Law, State and Law
What is pre-trial settlement of disputes?
In today's world, as always, there are situations when the case is heard in court. Is it possible to solve such situations by other methods? Of course you can.
Pre-trial settlement of disputes can be present in any situation when one of the parties wants to finish the matter peacefully, by bringing clear and reasoned justifications for the bad consequences of the proceedings in court. At the same time, a great many undeniable advantages are taken into account, according to which disputes are settled.
How is it characterized?
The resolution of disputes voluntarily or necessarily before the case is submitted to the court has the following characteristic features:
- small material costs, as there is no need to pay state duty and honorarium to lawyers / lawyers for their assistance in court;
- a great chance to maintain friendly and partnership relations;
- prompt pre-trial settlement of disputes;
- lack of publicity, as there is no need to participate in high-profile proceedings;
- the absence of established procedural norms in most cases.
Pros are clearly visible, but the lack of the desire to make concessions from counterparties or officials of the state body 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 regulation before the court. For example, the resolution of tax disputes. The emerging conflict between business partners can be resolved in the early stages, by making claims to each other.
What is the task of those who are trying to resolve the conflict?
The main task is to report to the opponent information about the consequences of his behavior, which contradicts the law, the conviction that the trial is meaningless and that this approach has no adverse consequences. Pre-trial settlement of disputes assumes that, by presenting the prospect of collecting penalties, damages, lost profits, court expenses, the conflict party, as a rule, reviews the situation. Thus, she comes to the conclusion that it is better to fulfill her obligations and undergo pre-trial settlement of disputes.
- study of the materials and circumstances of the dispute;
- analysis of the situation on the basis of the provided documentation;
- evaluation of the dispute from the point of view of law;
- development of a pre-trial settlement strategy;
- preparation of objections;
- conduct of negotiations;
- providing the necessary legal support in the process of implementing the agreement.
If it was not possible to resolve the conflict peacefully?
In the event that it was not possible to settle the dispute without litigation with the help of negotiations, the organization can provide you with reliable protection of interests in the court of any jurisdiction, including the highest instance.
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